Information about the Student Visas F-1 and M-1 - Best Immigration Law Attorney | Los Angeles | The Law Offices of Omar Zambrano - Free Consultation 1-800-562-0004
If your goal of going to the U.S. is primarily for tourism, but you would like to take a class that's less than 18 hours / week, you may do so on a visitor visa. If your course of study is more than 18 hours a week, you will require a student visa.
When Do I Apply for My Student Visa?
Students are advised to apply for their F-1 / M-1 Visa as early as possible to provide
enough time for visa processing. Students may prepare to apply for their visa as soon as they can.
The consulate may require special clearances, depending on the type of study and nationality of
the student. This may take up additional time.
Students should consider that an Embassy / Consulate can issue your visa within
120 days or less, in advance of the study registration date. If you apply for your visa
more than 120 days before the beginning of your registration date on your i-20,
the embassy will hold your application until they are able to issue the visa.
Consular officials will use that extra time to accomplish any of the necessary special clearances or other processes that may be required.
What is SEVIS and SEVP? What should you know about it?
The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security and Department of State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet, to the Department of Homeland Security and Department of State (DOS) throughout a student or exchange visitor's stay in the United States. Select SEVIS to go to the Department of Homeland Security, U.S. Immigration and Customs Enforcement Internet site and learn more.
All student applicants must have a SEVIS generated I-20 issued by an educational institution approved by DHS, which they submit when they are applying for their student visa. The consular officer will need to verify your I-20 record electronically through the SEVIS system in order to process your student visa application. Unless otherwise exempt, participants whose SEVIS I-20 was issued on or after September 1, 2004 must pay a SEVIS I-901 Fee to the Department of Homeland Security for each individual program. The fee may be paid either through a special website, via Western Union, or by mail.See SEVIS-901 Fee or SEVIS for further information on how to pay the fee.
Each applicant for a student visa must submit these forms and documentation, and submit fees as explained below:
|•||Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students or Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students. You will need to submit a SEVIS generated Form, I-20, which was provided to you by your school. You and your school official must sign the I-20 form. All students, as well as their spouses and dependents must be registered in the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that maintains accurate and current information on non-immigrant students and exchange visitors and their dependents (F/M-2 visa holders). Your school is responsible for entering your information for the I-20 student visa form into SEVIS. Students will also have to pay an SEVIS I-901 fee for each program of study. Questions regarding your exchange program should be directly to your program sponsor.|
|•||A completed application, Nonimmigrant Visa Applicant, Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. A separate form is needed for children, even if they are included in a parent's passport. The DS-156 must be the h 2006 date, electronic "e-form application." Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the form DS-156.|
|•||An interview at the embassy consular section is required for almost all visa applicants. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. During the visa interview, an ink-free, digital fingerprint scan will be quickly taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they apply.|
|•||A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must complete an application.|
|•||One (1) 2x2 photograph.|
|•||A MRV fee receipt to show payment of the visa application fee, a visa issuance fee if applicable (Please consult the Visa Reciprocity Table) and a separate SEVIS I-901 fee receipt. While all F-visa applicants must pay the MRV fee, including dependents, only the F-1 principal applicants must pay the SEVIS fee.|
|•||Students who are authorized for Optional Practical Training (OPT) must have an I-20 endorsed for OPT, and provide a USCIS-issued Employment Authorization Document (EAD).|
All applicants should be prepared to provide:
|•||Transcripts and diplomas from previous institutions attended.|
|•||Scores from standardized tests required by the educational institution such as the TOEFL, SAT, GRE, GMAT, etc..|
|•||Financial evidence that shows you or your parents who are sponsoring you have sufficient funds to cover your tuition and living expenses during the period of your intended study. For example, if you or your sponsor is a salaried employee, please bring income tax documents and original bank books and/or statements. If you or your sponsor own a business, please bring business registration, licenses, etc., and tax documents, as well as original bank books and/or statements.|
Applicants with dependents must also provide:
|•||Proof of the student's relationship to his/her spouse and/or children (e.g., marriage and birth certificates.)|
|•||it is preferred that families apply for F-1 and F-2 visas at the same time, but if the spouse and children must apply separately at a later time, they should bring a copy of the student visa holder's passport and visa, along with all other required documents.|
Entering the U.S. - Port of Entry
A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. Student visitors must have their Form I-20 in their possession each time they enter the United States. In advance of travel, students should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website. Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the Special Registration program. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it's very important to keep in your passport.
Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
|•||You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status. Additional information on successfully maintaining your immigration status while a student or exchange visitor can be found on the Immigration and Customs Enforcement (ICE) website.|
|•||Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S.|
|•||Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.|
|•||For non immigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.|
What Items Do Returning Students Need?
All applicants applying for renewals must submit:
|•||A passport valid for at least six months.|
|•||An application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. Blank forms are available without charge at all U.S. consular offices and on the Visa Services website under Visa Applications Forms.|
|•||A receipt for visa processing fee. A receipt showing payment of the visa application fee for each applicant, including each child listed in a parent's passport who is also applying for a U.S. visa, is needed.|
|•||A new I-20 or an I-20 that has been endorsed on the back by a school official within the past 12 months. All applicants applying for renewals should be prepared to submit.|
|•||A certified copy of your grades from the school in which you are enrolled.|
|•||Financial documents from you or your sponsor, showing your ability to cover the cost of your schooling.|
Students Away from Classes More Than Five Months
Students in or outside the U.S., who have been away from classes for more than five months, will likely need a new visa to enter the U.S.
How long may I stay on my F-1 student visa?
When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:
|•||F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.|
|•||M-1 student - An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.|
As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2001, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2001 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one before being able to return to America and resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate abroad.
There are certain restrictions on attending public school in the U.S. Persons who violate these restrictions may not receive another visa for a period of five years.
The restrictions apply only to students holding F-1 visas. They do not apply to students attending public school on derivative visas, such as F-2, J-2 or H-4 visas. The restrictions also do not apply to students attending private schools on F-1 visas.
The restrictions are:
|•||Students who attend public high schools in the U.S. are limited to twelve months of study. Public school attendance in the U.S. prior to November 30, 1996 does not count toward this limit.|
|•||F-1 visas can no longer be issued to attend public elementary or middle schools (Kindergarten - 8th grade) or publicly-funded adult education programs.|
|•||Before an F-1 visa for a public school can be issued, the student must show that the public school in the U.S. has been reimbursed for the full, unsubsidized per capita cost of the education as calculated by the school. Reimbursement may be indicated on the I-20. Consular officers may request copies of canceled checks and/or receipts confirming the payment as needed.|
The Law Offices of Omar Zambrano assists individuals and their families in many aspects of U.S. immigration matters including visas, Adjustment of Status, Immediate Relative Petitions and removal proceedings.
Specifically, we provide representation for a wide range of immigration issues:
The beauty of immigration law is the diversity and case variety. Omar Zambrano knows that no two immigration cases are the same, and that each one must be treated with the utter most attention to detail. Regardless of immigration status, Omar Zambrano represented each client with the dignity and respect that they deserve.
Don’t hesitate to call the Law Offices of Omar Zambrano and schedule a free consultation.
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