|
- STUDENTS VISAS UNDER NEW LAW
The Immigration and Nationality Act provides two non immigrant
visa categories for persons wishing to study in the United States.
The "F" visa is for academic studies, and the "M"
visa is for non academic or vocational studies.
- BACKGROUND REQUIREMENTS
Changes in U.S. immigration law, effective November 30,
1996, require that no alien will be issued an F-1 visa to attend
a U.S. public elementary or middle school (K-8). Any alien who
wishes to attend public high school (grades 9-12) in the United
States in student visa (F-1) status must submit evidence that
the local school district has been reimbursed in advance for
the unsubsidized per capita cost of the education. Also, attendance
at U.S. public high schools cannot exceed a total of 12 months.
Please note that these changes do not affect other visa categories
such as the J-1 exchange visitor program or the qualified school-age
child of an alien who holds another type of non immigrant visa
(i.e., A, E, H, I, L, etc.). Aliens will no longer be issued
an F-1 visa in order to attend a publicly-funded adult education
program.
- SCHOLASTIC PREPARATION
The student visa applicant must have successfully completed
a course of study normally required for enrollment. The student,
unless coming to participate exclusively in an English language
training program, must be sufficiently either proficient in
English to pursue the intended course of study, or the school
must have made special arrangements for English language courses
or teach the course in the student's native language.
- FINANCIAL RESOURCES
Applicants must also prove that sufficient funds will be
available from an identified and reliable financial source to
defray all living and school expenses during the entire period
of anticipated study in the United States. Specifically, applicants
must prove they have enough readily available funds to meet
all expenses for the first year of study, and that adequate
funds will be available for each subsequent year of study. The
M-1 student visa applicants must have evidence that sufficient
funds are immediately available to pay all tuition and living
costs for the entire period of intended stays.
- ACCEPTANCE FORM
An applicant coming to the United States to study must be
accepted for a full course of study by an educational institution
approved by the United States Citizenship and Immigration Services
(USCIS). The institution must send to the applicant a Form I-20A-B,
Certificate of Eligibility for non immigrant (F-1) Student Status
for Academic and Language Students. The non academic or vocational
institution must send to the student a Form I-20M-N, Certificate
of Eligibility for non immigrant (M-1) Student Status for Vocational
Students. Educational institutions obtain Forms I-20A-B and
I-20M-N from the USCIS.
- APPLYING FOR A STUDENT VISA
Applicants for student visas should generally apply at the
U.S. Embassy or Consulate with jurisdiction over their place
of permanent residence. Although visa applicants may apply at
any U.S. consular office abroad, it may be more difficult to
qualify for the visa outside the country of permanent residence.
- REQUIRED DOCUMENTATION:
Each applicant for a student visa must submit:
1. An application Form DS-156, completed and signed.
2. 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 the stay in the United States. If more than
one person is included in the passport, each person desiring
a visa must make an application;
3. One photograph 1 and 1/2 inch square (37x37mm) for each applicant
aged 16 and older, showing full face, without head covering,
against a light background;
4. For the "F" applicant, a Form I-20A-B. For the
"M" applicant, a Form I-20M-N; and
5. Evidence of sufficient funds.
- OTHER DOCUMENTATION
Student visa applicants must establish to the satisfaction
of the consular officer that they have binding ties to a residence
in a foreign country which they have no intention of abandoning,
and that they will depart the United States when they have completed
their studies. It is impossible to specify the exact form the
evidence should take since applicants' circumstances vary greatly.
- U.S. PORT OF ENTRY
Applicants should be aware that a visa does not guarantee
entry into the United States. The USCIS has authority to deny
admission. Also, the period for which the bearer of a student
visa is authorized to remain in the United States is determined
by the USCIS, not the consular officer. At the port of entry,
an USCIS official validates Form I-94, Record of Arrival-Departure,
which notes the length of the stay permitted.
- EMPLOYMENT
An F-1 student may not accept off-campus employment at any
time during the first year of study; however, the USCIS may
grant permission to accept off-campus employment after one year.
F-1 students may accept on-campus employment from the school
without USCIS permission. Except for temporary employment for
practical training, an M-1 student may not accept employment.
- FAMILY MEMBERS
A spouse and unmarried, minor children may also be classified
for a non immigrant visa to accompany or follow the student.
Family members must meet all visa eligibility requirements,
including evidence that they will have sufficient funds for
their support, and that they will depart the U.S. when the student's
program ends. Spouses and children of students may not accept
employment at any time.
|
|
