As a result of a restrictive visa and the Harrison Central School District’s lapsed compliance with the Patriot Act requirements, a Harrison High School senior and citizen of Hong Kong has been denied reentry into the United States. Jack Wong, 17, left the US on Thanksgiving 2003 to visit his dying grandfather back in China. Now, Jack is stranded in Hong Kong and is overwhelmed by concerns about what the school is doing for him, how to get back, and what to do about his education.

On November 26, 2003, Jack received a call from his father who informed him that his grandfather, who lived in Hong Kong, was dying. Jack notified the school of his intent to leave the US and to return after the funeral. Ms. Ruiz, the HHS registrar, maintains that, “I warned Jack not to leave. I told him he should wait.” On Thanksgiving Day, he boarded the first flight to Hong Kong.

Jack’s trip would have been a minor issue before 9/11, when the INS’ policies regarding international students were more lenient. However, since the terror attacks, the US has tightened immigration policies for minors and adults alike. Upon the passage of the Patriot Act, the old processes for accepting immigrants were set aside in favor of a more rigorous system.

Due to this change, public schools throughout the country, including HHS, needed to re-register online in order to remain eligible to accept students with F-1 visas. According to Ms. Ruiz, “The government has become more diligent since the initiation of the Patriot Act, causing innocents like Jack to be highly scrutinized when attempting to return to the US.”

When Jack left, Harrison’s registration with the INS had just lapsed, leaving Jack with no registered school to return to. Although this sort of lapse in registration is not uncommon, it did create a significant problem for Jack. Since Jack’s removal, the district has been in the process of re-registering.

In addition, Jack’s visa that he obtained to establish residency in the US was among the most restrictive of the several for which he was eligible. According to Mrs. Notkin, mother of sophomore Liz Jacobs and immigration attorney, “The F-1 sets up parameters that limit the rights of international students. Not only does it require international minors to be attending an American school, but it also mandates that these students pay tuition.”

As a result of the issues that Jack’s experience has raised, the school district has decided not to re-register for accepting students with an F-1 visa.

According to Principal William Colavito, “If we were to accept Jack’s F-1 visa, we’d be required under Federal law to accept any student with F-1 status. If twenty students from Afghanistan managed to obtain these visas and apply to our school, we would have to develop a special program and hire new staff to meet their needs.” Due to the school’s new policy, Jack cannot attend Harrison High School with an F-1 visa, despite his wish to live with his mother who resides in town.

Jack’s scenario was also complicated by the fact that, under the F-1 visa, he was required to pay tuition, yet he was not doing so. According to Jack, “I had confirmed with Ms. Ruiz twice with my family before I entered this school. . . Ms. Ruiz said I don’t have to pay tuition as long as I can prove I am a resident of Harrison.”

The high school administration expressed sympathy for Jack’s scenario. Assistant Principal, Mr. Bellantoni, said, “We are a public school. No one should be denied a free, public education. That’s what we’re here for. That’s what we do.” However, the school’s stance created a problem that no one recognized until it was too late. Because he was not paying tuition and because the school was not in compliance with the Patriot Act, Jack Wong arrived at John F. Kennedy airport, only to be turned away and forced to reboard his plane.

Today, Jack is still in Hong Kong, working at his father’s business. According to Jack, “The Hong Kong school doesn’t accept students at this time. This is my last year in high school and I have to go to college next year and I don’t want to miss my attendance and lesson[s].”

Jack first immigrated to Los Angeles in January 2003 from Hong Kong, where he attended private school for a short time. By October, he had moved to Harrison, where he lived with his mother, aunt, and friend, Joe Lim.

Jack Wong harbors hope. As a result of this interview, Jack has been introduced to Mrs. Notkin of Barst & Mukumal Law Firm, who has offered to work pro-bono on Jack’s behalf to help him obtain an alternate visa. Although his status is far from stable, progress has been made. With her help, Jack can perhaps entertain the possibility of returning to live with his mother, and completing his education in the US, where he so aspires to be.