Living in USA - Miscellaneous Issues

 Principles of U.S. Law

Law in the United States regulates individual and collective behavior to insure a reasonable balance between personal freedom and the requirements of an orderly society. American law, based on English common law, has evolved over a long period of time from the U.S. Constitution, federal statutes, state constitutions, local ordinances, and court decisions.

The rule of law means we are governed by laws, not people, and that law is supreme. It can be changed only by prescribed legislative procedure. Once a law is established, it must be observed by all including the President, government officials and law enforcement officers. The principle of the rule of law protects individuals from arbitrary actions of government and law enforcement authorities. The U.S. Constitution is the highest law of the land and all other laws must be consistent with it. Statutes, ordinances, regulations, even laws or action of the legislative and executive branches of the government, can be challenged in court where they may be declared invalid or unconstitutional.

Due process of law is guaranteed to everyone, including non-immigrants and immigrants in the United States. Due process means that specified, orderly procedures are to be followed in the enactment, administration and enforcement of laws. Equal protection is guaranteed to each person regardless of status, wealth, or position. The law may not discriminate among persons for arbitrary or capricious reasons. Some laws which apply only to certain groups of persons, such as those governing immigration, citizenship, voting, and similar matters, have been declared non-discriminatory by the courts and put into effect according to the procedures of due process.

In addition to these laws, an international student in the U.S. must observe and respect the same laws as American citizens. You are guaranteed the same protection of the law and the same civil rights as U.S. citizens. Therefore, you can legally be charged with breaking the law as well as take action against those who may illegally wrong you.

If you are arrested by the police, be aware of your rights. You are required only to give your name and address. Cooperate with law enforcement officials, but protect your rights in the process. Discuss your case only with your lawyer. You have the right to know of what charges you are accused; the right to remain silent until questioned in the presence of your attorney (the court will provide an attorney if you do not have one); and the right to a hearing in court the day after your arrest, except for Saturdays and Sundays. You are allowed two telephone calls. Call a friend or an attorney who can arrange bail for your release. Never resist arrest. If the police want to search your home, ask to see the search warrant which is issued by a judge and gives the police the right to search your home.

Laws of Special Interest to Students

Drugs

Being arrested for possession of marijuana or any other controlled substance is very serious for an international student. Conviction may result in deportation proceedings.

Alcohol

In most of the states the legal age for liquor consumption is 21. If you are under 21, you may consume alcohol in a private home, but not in a public place. It is also unlawful to possess open containers of alcoholic beverage in public or transport them in a motor vehicle. The laws against drunken driving are very stringent. You should not drink before you drive.

Bad Checks

A check which overdraws your checking account (without money to cover the amount of the check) is called a bad check." Writing such a check is a criminal offense. You can be arrested for this offense, and a conviction may result in deportation.

Domestic Violence

The Domestic Violence Act recognizes that beating another family member is a crime. Police have the authority to arrest anyone who hits or seriously threatens another family member. A judge can issue an Order of Protection forbidding the violent party from continuing the abuse and temporarily barring him/her from the house. Call police if you need assistance for a family member or friend who is experiencing abuse.

 

 Income Tax

  • Everyone in non-immigrant status (ie., F, J, M, H) is required by law to file a tax return with the Internal Revenue Service (IRS), the agency of the US federal government that collects taxes, whether you earned any income in the US or not.
  • If you have been in the US in one of these statuses for 5 years or less, you will be considered a non-resident for tax purposes. In most cases, students and scholars will need to file the 1040 NR EZ form and the 8843.
  • If you have not earned any income while in the US, you may be able to file only the 8843.
  • Some countries have tax treaties with the United States which allow students and scholars to pay limited taxes while in the US to study or conduct research. Please be aware that if you are in F, J, M status you should not file the 1040 EZ unless you have been in the US for more than 5 years and can pass the substantial presence test.
  • Once the tax forms have been completed, they should be mailed to Internal Revenue Service, Philadelphia, PA 19255.
  • If you had any earned income from working in the United States in that year, your returns must be filed by April.
  • If you had no U.S. source income, your forms must be mailed by June. If you have earned income while in the US, you may also be required to file state tax forms. These forms are available in most public libraries and post offices. They come in a package with all the forms you will need.
  • State taxes varies from state to state.
  • Tax forms can be downloaded from the web from the following sites, provided you have Adobe Reader (the files are in PDF format).
  • Federal tax forms:
    • IRS web site at http://www.irs.ustreas.gov/prod/ has all Federal forms and publications as well as a link to find the forms for individual states.
    • Maxwell Technologies at http://www.scubed.com/tax/index.html (this is a technology firm which puts up tax forms as a public relations gesture – this can be much faster than the IRS page).
  • For State tax information:
    • you can visit the web site related to your state's tax information.
  • In the past, the University of Pennsylvania has had a very good collection of handouts for international students on preparing taxes at http://www.upenn.edu/oip/fsa/tax/taxoffindex.html

 Currency

American currency is based on the decimal system with 100 cents to each dollar ($). Currency is issued in either coins or bills. Coins are copper and silver and come in six different sizes and values:

  • 1 cent = (a penny); the only copper coin.
  • 5 cents = (a nickel); larger than a penny.
  • 10 cents = (a dime); the smallest coin.
  • 25 cents = (a quarter); larger than a nickel.
  • 50 cents = (a half-dollar); not commonly used.
  • 100 cents = (silver dollar); rarely seen in circulation.

Paper bills are all the same size and color. They are issued in denominations of one (often called a buck), five, ten, twenty, fifty, one hundred, etc., dollars. Coins are used for many machines. They are used for such things as food and soda vending machines, photocopiers, telephones, parking meters, washing machines and dryers.


 Banking

One of the first things you should do when you arrive here is to deposit your money in a bank. It is not a good idea to carry large amounts of money with you or to keep it where you live. There are two types of accounts at banks: a checking account which most people use for regular bills and for most shopping needs, and a savings account which allows you to earn interest on money which you do not need to use immediately.

Checking Accounts

A "checking account" with a bank allows you to write drafts or "checks" against money you have on deposit in that account. Opening a checking account is very easy. You need to deposit money and fill out a signature card. You will be given temporary checks right away, but you should order personalized checks which usually have your name, address and home phone number or drivers license number printed on them. Most merchants prefer that this information be printed on your checks before they will accept them for a purchase. You will pay a fee for your checks, usually less than $15, for 200 checks. Always carry identification with you if you plan to write a check. Be sure to carefully record each check that you write in the register of your checkbook.

Each bank has different banking practices, and the types of checking accounts available vary from bank to bank. Some banks charge a monthly service fee or charge 5-15 cents for each check that you write. Others do not charge a service fee, but require that you maintain a minimum balance in your account. Some banks, credit unions, and savings and loan institutions offer special checking accounts which permit you to earn interest on any money that remains in the account. The type of account you choose should be determined by the number of checks that you write each month and/or the amount of money which you are able to keep in your checking account. It is recommended that you compare different banks' services by talking with their customer service personnel.

Automatic Teller Machines (ATMs)

Most banks have a service whereby you can make deposits and withdrawals 24 hours a day by using a computerized device called an automated teller machine or ATM. You will be given a small plastic card, and a personal identification number (PIN) to use this service. Do not print this number on your card or carry it in your wallet near your card; if your wallet or purse is stolen or lost someone may be able to easily take money out of your account. It is best to memorize your PIN and destroy any written record of it. Ask your bank for information on ATM service. Keep in mind, however, that there is usually a fee for ATM service.

Savings Accounts

If you have money which you do not need to use for routine living expenses, a savings account is a safe way to invest it. Savings accounts are available at most commercial banks, credit unions, and savings & loan institutions, but the interest rates vary. There are several types of savings accounts. A regular passbook account allows you to withdraw money from it whenever you need it. If you have a checking account at the same bank you can usually telephone the bank and have them transfer money from your savings account to your checking account. Frequent withdrawals are usually discouraged, but the bank will pay you any interest that your money has earned up to the date you withdraw it. There are also several different time deposit accounts or savings certificates which pay higher interest rates, but you must keep your money in the account for a certain amount of time, up to 5 years. The bank will charge you a penalty on early withdrawals from these accounts.

Travelers Checks and Money Orders

Personal checks drawn on your bank account may not be honored outside of this area or state. Travelers checks provide a safe and convenient way to carry money when you travel. They can be purchased at any bank for a small charge (1%); some banks even provide them free to their depositors. Traveler's checks can be cashed at banks, hotels, restaurants, and most stores throughout the world. They can also be replaced if they are lost. It is important to keep a record of the check numbers separate from the checks in the event that your traveler's checks are lost or stolen. You will need to sign the checks when you get them at the bank and then endorse them again when you make a purchase. Do not send cash through the mail. If you need to pay bills by mail you can use your checking account or buy money orders at banks and some large stores. Money orders are safer than sending cash through the mail and provide you with a receipt. Should you need to buy an expensive item from an individual who does not want to accept a personal check for the purchase, your bank can issue you a cashiers check for the amount of the purchase. This guarantees the person getting the money that there are funds in your account.

Cash

If you pay for anything in cash, such as your rent or other large items, be sure to get a written receipt as proof that you have paid. When you need cash, you can go to your bank and write out a check payable to cash or payable to yourself and funds will be taken from your checking account. Some supermarkets allow you to write a check for an amount over the cost of your purchase so that you get the extra amount back in cash. Check cashing services are also available at some supermarkets, but you must fill out an application before receiving this privilege.

Receiving Money from Another Country

It may be possible to arrange for a bank in your home country to cable funds directly to your bank here. You must provide the following information to the home country bank:

  • the name and address of your bank in USA
  • your name and bank account number here
  • your address and telephone number in USA
  • exactly how you want to receive your money, such as deposited in your account, in the form of a cashiers check, etc.

It is a good idea to request money transfers well before the time you will need the money. In case there is an unaccountable delay, it may be wise to have a small savings account here for living expenses. Some foreign governments or state banks require proof of a students good academic standing before releasing funds.

Sending Money to Another Country

There are two ways to send money abroad:

  • send an International Money Order or Foreign Draft directly to the individual or institution
  • have your local bank send the funds to an individuals bank by air mail or cable.

Provide the individuals name, account number, and address so that person will be notified when the funds arrive. It is best to send items by registered or certified mail as an extra precaution. You may also purchase a return receipt with registered or certified mail. The return receipt is signed by the individual who is to receive the item and then sent back to you. If money is lost through mail or cable systems, there may be a long delay--up to six months -- before the bank sending the money can locate it and issue a refund. In most cases, these systems provide adequate security. It is not wise to send a Cashiers Check or personal check outside of the U.S. If a Cashiers Check is lost or stolen, the bank issuing the money may not be required to refund it. Many foreign banks do not want to cash these checks. If the checks are returned to the U.S., it may be two months or more before the individual to be paid is able to collect the money.

Money Management Hints

Most students live on limited budgets. It is important to manage your money carefully to make sure that it lasts as long as possible. Until you have become accustomed to the value of the dollar and get a good idea of your daily living expenses, it is wise to be cautious. The following are hints from other international students on managing your money:

Budget carefully. You know how much your income and basic expenditures are, so pay all bills immediately at the start of each month and you will know exactly how much remains.

Keep accounts. Keeping track of expenditures in various categories - food, books, supplies - can pinpoint areas of heavy spending which might surprise you. Done on a monthly basis, this can give you quite an incentive to economize in certain areas.

File tax returns. Examine all options for exemptions or rebates, and do not hesitate to seek advice from the Internal Revenue Service. Keep records of expenditures throughout the year so that filling out returns will be easier.

Use inexpensive transportation. Recognize that a few extra dollars for an apartment near campus can save hundreds of dollars each year on a car. The car is part of the American Dream, and it takes some courage to realize that it is expensive to buy, to run and in many cases is unnecessary. Many young Americans are turning to bicycles and buses as a primary means of transportation. You can always rent a car for a long trip if you need to. It is much less expensive in the long run.

Be careful with credit. For many of you this is the first exposure to credit on any scale. For those of you who arrive in the United States with few household possessions, credit cards may seem like an easy answer, but beware of overextending yourself. Remember that you may be paying up to 22% per year in interest on some accounts.

Buy used or second hand! Garage and yard sales advertised in newspapers are frequent in the spring and summer, and you can buy used appliances and household goods at very reasonable prices. Sell your items the same way when you leave.

Type your own papers. Many of you did not learn to type in your home countries and find you have to pay high prices for typing services. It is worth investing in a few non-credit hours of typing lessons because savings will be considerable in the long run. There are word processors available throughout campus if you do not own a computer or typewriter.

Eat at home. If you do not live in a residence hall where meals are provided, it is very tempting to eat out regularly rather than prepare your own food. This expenditure can double your food bill.

Save at your credit union. If you are employed by the University and think you might be able to save some money, have a deduction made from your paycheck for deposit in the University Credit Union. What you dont see you wont miss, and it mounts up quickly in your savings account.

Take advantage of "Sales." Newspaper advertisements will tell you when a store is having a sale on something, i.e. selling it at a lower price than usual. If you can afford to do so, stock up on items that you use regularly when they are on sale.

 Immigration Law

As all countries, the United States has laws and regulations governing non-citizens temporarily within its borders. As an international student, the following are your responsibility:

  • Keep your passport current.
  • Be sure your permission to remain in the U.S. (I-94 and I-20 or IAP-66) is valid.
  • Inform your international student advisor if you wish to change your department or degree level.
  • Maintain a full-time course load of study (12 hours or 3 units in most cases).
  • Request official permission to accept off-campus work.
  • Make sure that all travel documents are in order before taking any trip outside the U.S.
  • Pay U.S. and stateincome tax if required to do so.
  • Complete an employment authorization form (I-9) if you will receive a University paycheck.
  • Be aware of immigration law.

 Enforcement of Immigration Laws

Enforcement of U.S. Immigration law is the responsibility of the Immigration and Naturalization Service (USCIS). The USCIS is part of the Department of Justice and has its headquarters in Washington D.C. The United States is divided into a number of regions and districts for USCIS purposes. Most foreigners have contact with an USCIS district office. It is your responsibility to maintain compliance with immigration laws. As a certified institution , Truestar Inc. is required by law to provide information regarding students' status when requested by the USCIS.

 IImortant Documentsmportant Documents

Passports

Your passport is a travel document. It shows that you have your governments permission to travel in and out of your country. It has a specific expiration date. It is not necessary to carry your passport with you on campus. However, you should carry it when you travel in the United States, and you must carry it when you travel outside the United States. Keep it in a secure place in your room together with documents from the Immigration Service. If your passport is lost, stolen or destroyed, report it at once to the local police and take immediate steps to get a new one from your embassy or consulate. You must keep your passport valid at all times. Extensions are made by your embassy or consulate; a fee is often charged. Your consulate or embassy may request verification of your student status and expected graduation date in order to extend your passport. In some cases, several months are required for extension, and occasionally a new passport must be issued.

United States Entry Visa

All international students, except for Canadian citizens, are required to have a valid U.S. entry visa and supporting documents to initially enter the United States. This visa is valid for a fixed number of entries or multiple entries and has a specific expiration date. You may remain in the U.S. legally with an expired entry visa, provided that your I-94 and IAP-66 or I-20 are current. However, you may need to obtain a new entry visa if you leave the U.S. New entry visas are issued outside the United States. They are obtained by presenting a form I-20 or IAP-66 to a U.S. embassy or consulate. Proof of financial support for continuing studies and proof of permanent residence abroad may also be necessary. Visa service should be available in most U.S. consulates or embassies; HOWEVER, it is only assured in your country of permanent residence.

Arrival-Departure Record (Form I-94)

Each non-immigrant admitted to the United States is given a small white card, usually stapled into the passport on the same page where the visa appears. This paper is an arrival-departure record and is referred to by its number: I-94. It indicates your non-immigrant status (F-1 or J-1) and is evidence that you have permission to stay in the U.S. The time at which your permission to stay expires appears in the upper right hand corner of the I-94. Students in F-1 and J-1 nonimmigrant status are admitted for "D/S," or duration of status. If you change or extend your status within the United States, the Immigration and Naturalization Service will issue a new I-94 to you. You should staple the new I-94 to the old one, and keep them in your passport.

I-20 ID (F-1 students)

The I-20 form (or Certificate of Eligibility for Non-Immigrant Student Status) is the form used by F-1 students and their F-2 dependents to obtain an entry visa and enter the United States. The I-20 ID is the second page of your I-20 form. It should be kept in your passport at all times and must be endorsed by an OISA counselor if you need to travel outside the U.S. If a new I-20 is issued to you for any reason, always keep your original I-20 ID to attach to the new I-20.

IAP-66 (J-1 students)

The IAP-66 (or Certificate of Eligibility for Exchange Visitor Status) is the three-page form which is used by J-1 students to obtain an entry visa and enter the United States. Your copy of the IAP-66 is the pink copy. It contains important information including your program sponsor and an expiration date. You should keep this document in your passport. It is a good idea to obtain an endorsement on your IAP-66 from your J-1 program officer when you travel.


 Immigration Procedures

Dependent Visas (F-2 and J-2)

Student spouses and/or children applying for F-2 or J-2 visas must present five documents in the U.S. embassy or consulate: Form I-20 or IAP-66, personal affidavit of support, financial documentation, passport, and proof of relationship to the F-1 or J-1 student (marriage certificate, birth certificate, etc.). Exchange Visitors (J-1) must furnish copies of this financial documentation to the program sponsor: OISA for the University of Illinois program P-1-209, Institute of International Education for program G-1-1, U.S.A.I.D. for program G-2-0263, etc. The sponsor then issues the IAP-66 form. Students must be able to support their families in the United States.

Re-entry after Visiting Abroad

A valid entry visa and a valid I-20 or IAP-66 are required for re-entry from most countries. However, a valid U.S. entry visa may not be required for entry from Canada, Mexico or the Caribbean. Check your travel documents at least two weeks before you leave the United States; you may need new documents to facilitate your re-entry to the U.S.

Extension of Stay (J-1 students)

It is essential to keep both your I-94 and IAP-66 valid. Remaining in the U.S. beyond the expiration of your I-94 may create serious complications. Contact your J-1 Exchange Visa program sponsor 60 days before your I-94 expires to receive the necessary forms for extension. If your I-94 carries a "D/S" (Duration of Status) expiration date, contact your program sponsor 60 days before your IAP-66 expires.

Extension of Stay (F-1 students)

The expiration date of the I-94 for F-1 students is marked "D/S" (Duration of Status). "D/S" is defined as the time which you are pursuing a full course of study and making normal progress towards your degree, any authorized optional practical training, and a 60-day grace period to prepare for departing the U.S. In most instances, you should complete your degree by the expiration date of your I-20.

Full Course of Study

As an F-1 or J-1 student, you are required to enroll for a full course of study for fall and spring semesters. Summer enrollment is optional unless you are admitted for the Summer Session or the Summer Session is your last semester of study and you plan to apply for practical or academic training. Twelve hours is considered full-time enrollment for undergraduates; 3 units is full-time for graduates. There are certain instances in which the USCIS allows less than a full academic course load.

Change of Status

Certain non-immigrants (except those in C, D, K, M, WT, WB, and, in certain instances, J) may apply for a change of status, if proof of entitlement can be shown. Changes of status are approved by the Immigration and Naturalization Service, either through travel or by application. Please note that a request to change visa status is not always approved. Visa changes from exchange visitor J-1 to F-1 student or vice versa are not always possible. Also, a change from B-2 tourist visa to that of student (F-1 or J-1) is not easily accomplished. If a person plans to enter the United States to be a student, he or she should apply for a student visa, NOT a tourist visa, and enter the United States with the I-20 or IAP-66 form.

Transfer of Schools

When first entering the United States for study, F-1 students must attend the school which issued the I-20 used to obtain the visa and to enter the United States. Transfers to another school cannot be approved during the first semester unless the student actually visits the university shown on the I-20, and receives written release from that school to transfer. A J-1 exchange visitor student must proceed to the school whose name appears on the IAP-66. To transfer from the your university to another school, an F-1 student must first receive a properly completed form I-20 from the university to which the student wishes to transfer. If you plan to travel outside of the U.S. before reporting to your new school, you may simply reenter the U.S. with the I-20 form issued by your new school. This will complete the transfer. If a J-1 student changes schools, the student must either get sponsor approval or an IAP-66 from the university to which he or she wishes to transfer. Next, the student must obtain the current program sponsors signature of release on the new IAP-66. Finally, you must obtain information on completing the transfer with the international student office at your new school. Married students should include dependent spouses and childrens I-94s with the transfer request.

Becoming a Permanent Resident

Some non-immigrant students decide that they would like to remain in the United States for an indefinite period of time. That is, they decide that they would like to become U.S. permanent residents or U.S. immigrants." The purpose of the laws concerning immigration to the United States are to protect employment opportunities for American citizens or people who are already permanent resident aliens. Exceptions are sometimes made in the case of non-Americans who are close relatives (i.e., spouse, parents, brothers, sisters) of U.S. citizens or permanent residents. Exceptions are also occasionally made in the case of persons who would suffer persecution for political, religious, or racial reasons if they were compelled to return to their home countries.

 Useful Links on Immigration