Student visa immigration lawyer

If you plan to visit the U.S and enroll in a course of study of more than 18 hours a week, you will need an F-1 student visa.

First time student visa applicants in most countries are required to appear for an in-person interview. However, each embassy and consulate has set its own interview policies and procedures regarding student visas. Students should consult the U.S. Embassy web sites or call for specific application instructions.

Keep in mind that June, July, and August are the busiest months in most consular sections, and interview appointments are the most difficult to obtain during that period. Students need to plan ahead to avoid having to make repeat visits to the U.S. Embassy. To the extent possible, students should bring the documents suggested below, as well as any other documents that might help establish their ties to the local community.

Extensive and ongoing review of visa issuing practices as they relate to U.S. national security does impact visa issuance, including the F-1 visa. It is important to apply for the F-1 visa well in advance of the scheduled travel departure date.

When to Apply for My Student Visa

Students are encouraged to apply for their visa early to provide ample time for visa processing. Students may apply for their visa as soon as they are prepared to do so.
The consular officer may need to get special clearances depending on the course of study and nationality of the student. This can take some additional time.
Students should note that U.S. Embassies and Consulates are able to issue the student visa in 120 days or less, in advance of the course of study registration date. If you apply for your visa more than 120 days prior to your start date or registration date as provided on the Form I-20, the Embassy or Consulate will hold your application until it is 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.
Students are advised of the Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20. Students should consider this rule carefully when making travel plans to the U.S.
A beginning student who wants an earlier entry into the U.S. (more than 30 days prior to the course start date), must qualify for, and obtain a visitor visa. A prospective student notation will be shown on his/her visitor visa and the traveler will need to make the intent to study clear to the U.S. immigration inspector at the U.S. port of entry. Before beginning any studies, he or she must obtain a change of classification by filing Form I-539, Application for Change of Nonimmigrant Status, and also submit the required Form I-20 to the Department of Homeland Security office where the application is made. One may not begin studies until the change of classification is approved.
Continuing students may apply for a new visa at any time, as long as they have been maintaining student status and their SEVIS records are current. Continuing students may also enter the U.S. at any time before their classes start.

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. Visit the Department of Homeland Security, U.S. Immigration and Customs Enforcement Internet site and learn more about SEVIS.

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.

What is Needed to Apply for a Student Visa?

As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by the embassy or consulate. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on most embassy websites. During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. Also, because each student’s personal and academic situation is different, two students applying for same visa may be asked different questions and be required to submit different documents. For that reason, the guidelines that follow are general and can be abridged or expanded by consular officers overseas, depending on each student’s situation. All applicants for a student visa must provide:

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 a SEVIS I-901 fee for each program of study. Questions regarding your exchange program should be directed to your program sponsor;
A completed application, Nonimmigrant Visa Applicant, Form DS-160, together with a Form DS-158 must be completed. Some applicants will also be required to complete Form DS-157. A separate form is needed for children, even if they are included in a parent’s passport. The DS-160 must be submitted electronically.
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 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) must be presented. If more than one person is included in the passport, each person desiring a visa must complete an application.
One (1) 2×2 photograph. See the required photo format explained in nonimmigrant photograph requirements;
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, business registration, licenses, etc., and tax documents, as well as original bank books and/or statements must be made available.

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.

Additional Information

No assurances regarding the issuance of visas can be given in advance. Therefore, final travel plans or the purchase of non-refundable tickets should not be made until a visa has been issued.
Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States.

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. Students should review important information about Admissions/Entry requirements 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) which will be recorded electronically. Since Form I-94 documents your authorized stay in the U.S., it is very important to print out the Form I-94 from the CBP website.

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.

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 the U.S. 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, 2020, 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, 2020 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 the U.S. and resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at a U.S. Embassy or U.S. Consulate abroad.

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