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Frequently
Asked Questions about Student Visas
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Q: |
What do I need to apply for a
student visa? |
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A: |
SEVIS I-20 or SEVIS DS-2019 which
should be send to a student by the institution or placement
organization (the form should be completed and signed by a school
official).
A completed non-immigrant visa application form in English
(DS-156, DS-158 and DS-157 (for men of age 16-45). The DS-156
requires one full-face color photograph (50mm by 50mm).
A passport valid for at least 6 months after your proposed date of
entry into the US. It must contain at least one blank page to affix
a visa.
The application fee for a U.S. nonimmigrant visa is $100, payable
in cash. The application fee is non-refundable.
Evidence (receipt) of US$100 Student/Exchange Visitor (SEVIS)
processing fee payment: this fee is required of students from all
countries. The fee must be paid to the US government before you
apply for a visa. More information is available at
https://www.fmjfee.com/index.jhtml.
Other supporting documents may
include:
transcripts and diplomas from previous institutions attended
letters/certificates showing that you won any academic awards in
secondary school/university
letter of admission from US college/university
scores from standardized tests (TOEFL, SAT, GRE, GMAT, etc.)
financial evidence that shows that you
have sufficient funding. |
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Q: |
How long does it take to get a visa? |
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A: |
You are encouraged to apply for the
visas as soon as you're prepared to do so. Please keep in mind that
the Embassy is able to issue your visa 120 days or less in advance
of the program start date indicated in your I-20 or DS-2019. If your
major belongs to a "sensitive field" of study (i.e. physics,
biology, chemistry, architecture, urban planning, etc.), it might
take you longer to obtain your visa in comparison to those who are
in humanities. |
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Q: |
What is SEVIS? |
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A: |
SEVIS stands for Student and
Exchange Visitor Information System. It's an Internet-based system
that contains data about students and works between schools and the
Department of Homeland Security (DHS). |
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Q: |
What is a Biometric Program? |
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A: |
It involves scanning of the two
index fingers. All nonimmigrant visa applicants over 14 and younger
than 80 must provide scanned finger images that will be linked to
other identifying data collected from applicants. |
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Q: |
Where can I get more information on
visa issues? |
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A: |
Contact the US Embassy/Consulate in
your country. |
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Q: |
Does SEVIS I-20 or SEVIS DS-2019
guarantee that I'll receive a visa? |
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A: |
A SEVIS I-20 alone is not considered
sufficient financial documentation and does not guarantee that
you'll be granted a visa. You MUST bring appropriate supporting
financial documents to the embassy and you MUST prove to the
interviewing officer that you are a serious, qualified student.
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Q: |
How can I prove I have funds to
cover educational expenses? Can I bring my money to the embassy and
show it to a Consular Officer? |
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A: |
There are 2 kinds of financial
certification documents for those students who are paying by
themselves:
employer's statement (a statement from your or your parents'
employer showing last year's total income)
bank statement (if you or your parents have a bank account). The
statement should carry the bank seal and be signed by a bank
official. A bank statement is the most "respectable" financial
certification. PLEASE NOTE: You need to show availability of funds
OVER TIME.
Certification of financial support from a source in the United
States is only essential for immigration visas. However, it can be
helpful to have the following with you:
scholarship letter (if applicable)
sponsorship letter (if you are supported by a sponsor in the US) |
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Q: |
Do I need to bring any medical
forms? |
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A: |
You are not required to show proof
of medical insurance if you're applying for an F-1 visa. Students
applying for a J-1 visa can be asked about medical insurance because
US law requires all J-1 visa holders to obtain medical insurance
before they enter the US; this is usually handled through the
placement organization giving the grant. |
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Q: |
How many days ahead of my school
start date (as listed on the I-20) does a visa normally allow you to
enter the USA? |
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A: |
A student with an F-1 visa may enter
the US no earlier than 30 days before the reporting date on I-20.
Students applying for initial-entry F-1, F-2, and M-1 and M-2 visas
may now be issued those visas up to 120 days before their academic
program start date (as compared to 90 days under previous
regulations). J-1 and J-2 visitors may be issued visas at any time
before the beginning of their programs. |
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Q: |
Where can I get an I-94 Form
(Arrival/Departure record)? To whom should I give this form? |
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A: |
An I-94
is issued when you enter the US. This form indicates the date and
location of the persons entry, the visa classification and length
of stay. For most students there will not be a specific date but the
letters D/S, meaning duration of status.
An I-94 is a very important document and
you should always keep it together with your passport and your I-20.
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Q: |
What does "duration of status" mean? |
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A: |
One's "duration of status" is the
time in which the person maintains the legitimate status of
"student." This includes the study period, a practical training
period (if approved by the BCIS) of up to 12 months for F-1 visa
holders or 18 months for J-1 visa holders. Students are expected to
depart from the U.S. within: 60 days after completion of studies or
any OPT for F-1 and 30 days for J-1. |
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Q: |
How and when can I bring my
dependents? |
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A: |
The spouse and/or children of an F-1
student can enter the US under F-2 status and may stay for the same
length of time as the F-1 person. When applying for a visa, your
dependents must present their own SEVIS I-20 form, and also
documents verifying that they'll have adequate financial support
(for the exact amount of money see the
requirements of a particular school). They can apply for visas at
the same time you do; or they can apply later (you have to request
your college to send them an I-20). They're expected to bring a copy
of your I-20 and visa in this case. An accompanying spouse or child
of J-1 holders should each present a SEVIS Form DS-2019 issued in
his or her own name by the same program the main J-1 visa holder is
enrolled at. |
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Q: |
13) How should I behave during the
interview? Which questions are asked during the interview? |
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A: |
Both J1 and F1 visa applicants are
subject to interviews at the Embassy.
Be confident, sincere and willing to answer any question. Be
yourself and DO NOT LIE.
Be ready to describe your academic program and the kind of career
or job it will help you get after return to your home country.
You will be asked to prove that you can finance your education and
that you will return home after the program. These are normal
questions and you should be prepared to answer them with clear
arguments. |
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Q: |
For what reasons can they refuse to
issue me a visa? |
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A: |
You will be denied a visa if:
You fail to demonstrate the intention to return home after
completion of your studies
You don't have adequate financial support
You don't seem to be qualified for the proposed program of study
(for example, you have very poor English) |
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Q: |
Will I be denied if I took part in
the green card lottery? |
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A: |
Not necessarily, but whatever you
do, BE HONEST about your participation. The Consular Officer will
check computer records and, if you lied, you will definitely be
denied a visa. |
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Q: |
Can I change my visa status once I'm
in the US? |
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A: |
Theoretically yes, but there are
many restrictions (first of all, ask your Foreign Student Adviser).
To initiate the process you must file a petition with the DHS.
Beware that changing status usually takes many months.
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Q: |
What should I do if I fall out of
status? |
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A: |
Contact your Foreign Student Adviser
for specific instructions concerning reinstatement. |
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Q: |
If my visa expires, how do I renew
it? |
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A: |
The visa is an entry document only
and needs to be valid only at the time you enter the USA. It does
not need to be renewed if you stay in the USA. If you need to extend
your I-94, contact your Foreign Student
Adviser; this is routine and they do it frequently. If you overstay
your duration of status and do not get a new I-94, you risk getting
into trouble with the INS and not being able to receive another visa
in the future. If you leave
America and your visa is no longer valid, apply for a new visa at an
American embassy abroad. NOTE: Applying for a new visa can be
difficult in a country other than your home country; this depends on
your country of origin. You may be told to go to your home country
and re-apply there. |
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Q: |
What is the difference between an
I-20 and a DS-2019 form? |
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A: |
An I-20
is a certificate for F-1 applicants in which the school declares
that you've been accepted for a full course of study and you seem to
be a bona fide student. The DS-2019 form serves similar purpose for
J-1 applicants who receive grants or special status from either from
their government (i.e. Russian) or the US government directly or
through non-governmental placement organization. Both forms should
be registered in SEVIS. |
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Q: |
What is the difference between F-1
and J-1? |
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A: |
F-1 is designated for students in
academic and language study programs. The J-1 category includes
exchange students, teachers, scholars, researchers, etc. who come to
the US under an educational exchange program. J-1 students must be
financed, at least partially, by the US or home government or be
part of an exchange program. Please note that F-2 visa holders
cannot engage in full time study. |
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Q: |
If I have a J-1 visa can I travel to
the US to take part in conferences within 2 years after returning
home? |
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A: |
Yes, you can if you obtain a B-1/B-2
visa. You may not apply for a work or immigration visa during this
period. |
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Employment |
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Q: |
Can I work on/off campus if I have
F-1 or J-1? |
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A: |
F-1 students may work up to 20
hours/week on campus (including on-location commercial firms which
provide services for students on campus) or at an off-campus
location that is educationally affiliated with the school without
special permission. An F-1 student may be authorized to work
off-campus on a part-time basis after 1 year of full academic
studies. For off-campus work, F-1 holders must obtain permission
from the Designated School Official and/or DHS (Department of
Homeland Security). An F-2 visa holder may not accept employment.
Employment while in "J" exchange visitor status depends upon the
terms of the program. Participants in programs that provide for
on-the-job training, teaching, research, or other activities that
involve paid employment may accept such employment. Participants in
programs that do not involve work may not accept outside employment.
J-2 spouses and children may accept employment with authorization
from the DHS. Employment will not be authorized if this income is
needed to support the J-1 principal alien. |
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Q: |
How many hours may I work? |
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A: |
Up to 20 hours per week during the
academic year and up to 40 hours (full time) during vacations and
summer. |
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Q: |
Will having a
relative in the US affect my visa application? |
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A: |
If you have a close relative like a parent or a spouse who is a US
citizen or a permanent resident in the US, the consul may presume
you are going there to join your family and will not return to Home
country.
While the law does not prohibit the issuance of student visas to
applicants who have close relatives in the US, it puts an additional
burden on the applicant to prove his/ her non-immigrant intent.
In any case, it
is extremely important to provide such information truthfully on
your application. You must prove your financial ties,
ie a substantial financial stake in your
family property by showing property papers, etc. You must also
express strong social ties with your parents or with your spouse and
kids in Home country. |
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More FAQs asked by previous
students
Is it
required that I pay the first year tuition expenses in advance and show a
receipt from the university?
No - paying
the tuition expenses in advance is a good way to show proof of funds, but it
is NOT a requirement to pay in advance.
What documents should I show to prove that I can pay for my education in
the U.S.?
There are
no specific documents that prove a student is able to pay for his/her
education.
Bank account statements, chartered accountant statements, employment
letters, and property documents are the most common documents used to show
proof of funds.
How do I prove that I can afford to attend school in the United States?
Part 7 on
the I-20 shows the amount of funding you must have available to cover the
first year's expenses. The total amount includes tuition and fees, living
expenses, expenses of dependents (if applicable), and other expenses (as
applicable). You must prove that you have immediate funds available
to cover this amount.
If you are going to a two-year
Master's program, then you must also show that funds are or will likely
be available to cover the same amount for the second year. For example,
if you are a prospective Master's student for a two-year program, and the
total amount in Part 7 of the I-20 includes $5,000 for tuition and fees,
$5,000 for living expenses, and $500 for other expenses (books and supplies,
for instance), then you must prove that $10,500 is immediately available to
you. Additionally, you must show that another $10,500 is or will likely be
available to cover the second year.
What if my university does not require that I take the TOEFL or GRE?
Students
whose prospective university does not require that they take the TOEFL or
GRE should provide a letter from the university stating the same. However,
the Embassy strongly recommends that all student visa applicants provide
standardized test scores.
What if I have not yet received my degree certificate? May I still apply?
Yes - you
may still apply, but please be sure to include your mark sheets and
provisional certificate if available.
I have taken a loan from a bank to cover my tuition. Do I still need to
show other financial documents?
You must
prove that funds are immediately available to cover the first year's costs,
and show evidence that funds will be available for all subsequent years. Any
financial documentation you provide should be in support of this. This
applies to ALL student visa applicants.
Can a person on a visitor visa, if he gets admission to a school and gets an
I-20, be able to change his status to student?
No.
Previously, U.S. law permitted persons entering on tourist, B-2 visas to
change status to F-1 visas. That is no longer the case. A nonimmigrant
wishing to study in the U.S. must apply from their country of origin or
residence if they wish to study in the U.S. on an F-1 visa.
Will having a relative in the US affect my visa application?
If you
have a close relative like a parent or a spouse who is a US citizen or a
permanent resident in the US, the consul may presume you are going there to
join your family and
will not return to your home country. While the
law does not prohibit the issuance of student visas to applicants who have
close relatives in the US, it puts an additional burden on the applicant to
prove his/ her non-immigrant intent. In any
case, it is extremely important to provide such information truthfully on
your application. You must prove your financial ties,
ie a substantial financial stake in your family property by showing
property papers, etc. You must also express strong social ties with your
parents or with your spouse and kids in Home country.
What
about a foreign sponsor?
The
motive has to be clearly established. Sixty per
cent of the students who go to the US for education do
so on some sort of aid. Education
in the US is a costly proposition. So, if someone is funding you, the US
consul would want to know why and under what terms. The sponsorship could be
from family/ relatives in Home country or from family/ relatives in the US.
If you
are being sponsored, is it for or against your case if the sponsor is (a) a
US citizen, (b) an Home
country citizen?
There is
no regulation for or against the nature of the sponsor's citizenship.
Is
there a specific number or quota annually for student visas?
There is
no ceiling on student visas according to US immigration laws.
I am a
student going to America for a PhD. My I-20 says
my funding is for one year, after which it will be reviewed. Will I have to
show funds for the rest of the 3-4 years of study?
The I-20
is a form issued by the American university declaring your admission. At the
visa office, you must show funds (academic plus living) for one year and
access to funds for subsequent years. If your aid covers your overall
expenses for the first year, then it is okay.
What
is the right time to apply for visas?
One can
apply 120 days before the date of enrolment mentioned in the I-20 form.
What
about shifting schools once I get there?
Once you
are in the US, you are governed by the
US Citizenship and Immigration Services rules. Accordingly, you cannot
change your school before completing a year in it. It is advisable you make
your choice carefully, and avoid problems later.
I get
my visa on one I-20; then I get another I-20 from another school, which I
now want to join. What will I have to do?
You will
have to apply for another visa.
How
many attempts are allowed if a visa is denied?
You can
apply any number of times after visa refusal but, each time you reapply,
you have to pay the visa fees,
fill fresh application forms and show 'new evidence' compared to
the documents you presented when your visa application was rejected. The new
evidence should reveal changed circumstances with regard to your financial
ties that will prove you are not an intending immigrant. Visas are
often denied due to the applicant's inability to prove he/ she is not an
intending immigrant and sometimes also because he/ she do not communicate
well enough ie deliver answers to-the-point. Also, if
you have two refusals in a period of the last six months, you will have to
wait in the normal queue for a visa appointment. You will not get a priority
appointment to meet a university deadline if you have been refused a visa
twice.
Does
the reputation of the college have any bearing on my visa application?
Not
always. However,
the reputation of the college establishes the motive. If you
are going to a reputed college, your intention is clear. But if you are
going to an institution no one has heard of, and which has not asked you to
take any standard tests, it might make the US consul suspicious. In some
cases, when students are going for some specialist courses not offered
anywhere else, a marginal school would do.
Does
it help if I have been chosen by 10 schools?
Yes, it
establishes that you are a superstar. There is no direct relation, though it
completes the picture for the consul and helps it evaluate the case better.
Mention this during your interview.
What
if I plan for graduate (Master's) study in the US and I am financing my education
myself?
You will
have to show how you will transfer your funds to the US.
For
students going for further studies, what is considered conclusive proof that
they are coming back? How much assets or liquid cash on hand should be shown
for a student visa?
There is
no fixed amount of assets or liquid cash specified in the US immigration
law. The law
that operates is that the US consul who interviews you should be convinced
you are a bona fide student, genuinely wanting to pursue higher studies in
America. He should also be convinced you plan to return after your education
and apply your knowledge here. The
ties shown by you should involve your economic attraction to Home country
after graduation and the social roots to which you would return rather than
stay in the US.
Statistics in the past have shown that seven to eight out of 10 students
from Home country do not return. Therefore, consulates in Home country are
very careful while granting student visas.
Is a
student visa guaranteed when an I-20 form is issued by a university?
A student
visa is not guaranteed with the issuance of the I-20 alone. You have to
convince the US consul you are not an intending immigrant by showing proof
of your permanent ties in Home country.
If
sufficient funds are not available, can a loan from banks or other
institutions help in getting a student visa?
The US
consul will have to be convinced about how you will repay the loan. If huge
loans are shown, getting a visa can
become difficult. It is preferable to
have a smaller loan.
Can a
student be partially sponsored by a US-based sponsor and partly by a foreign-based
sponsor?
The US
consul has to be convinced about the genuineness of the case. Prima facie,
the case cannot be rejected because two sponsors are involved.
Do
visas for students get rejected if the applicants have brothers and sisters
in America?
This is
an individual situation. The decision depends on a case-by-case basis.
If the US
consul feels you are trying to get into the US in the guise of a student,
with the possible support of your siblings in America, your application may
be rejected. Likewise, if your brother or sister had gone to the US on an
NIV (Non Immigrant Visa) and adjusted that status to permanent visa,
you become a 'risk candidate'. It will then be left to the judgment of the
interviewing officer to decide.
Do I
have to pay the first year's tuition expenses in advance and show a receipt
from the university?
No,
paying the tuition expenses in advance is a good way to show proof of funds,
but it is not a requirement.
How do
I prove I can afford to attend school in the US?
Part 7 on
the I-20 shows the amount of funding you must have available to cover the
first year's expenses. The total amount includes tuition and fees, living
expenses, expenses of dependents (if applicable) and other expenses (as
applicable). You must prove you have immediate funds available to cover this
amount. If you
are going to a two-years Master's
program, you must also
show that funds are or will likely be available to cover the same amount for
the second year.
A
checklist for US student visa interviews
1.
A passport valid for minimum six months beyond the visit.
2.
Two photocopies of the first page and one photocopy of the last page of your
passport. A copy of the passport pages containing observations or remarks.
3.
A fully completed and signed visa application form. Each applicant aged 14
or above must sign his/ her own application form.
4.
A 2 x 2-inch photograph which is not more than six months old. If you do not
send your photo according to the required specification, your application
will be considered incomplete.
The Application Centre will
retain your original visa application form and return your passport.
Here are some steps you can
take:
i.
Please schedule your visa appointment after paying the fees.
ii.
Fill the visa application forms DS-156, 157 (if applicable) and 158 very
carefully. Each question box should be answered in complete details. No
vague replies please.
iii.
Arrange your papers in a file with each paper in separate plastic folder
with a sticker or post-it indicating what paper it is for easy retrieval.
iv.
Practice
managing the file with one hand. Your hand will be occupied holding the
telephone receiver from which you may have to speak with the Visa Officer.
The order of papers
recommended:
·
Appointment notice
along with receipt of fees paid
·
I-901 form indicating
SEVIS fee paid
·
Passport in original
·
I-20 SEVIS approved
form
·
Letter of admission
from US university
·
Entrance test scores
(whatever applicable)
·
Latest mark sheets
degree certificate obtained in Home country
·
Statement of future
plan in Home country
·
Financial statement of
self and family showing all assets
·
Evidence of income-tax
paid over the last three years
·
Bank transactions of
your family over the last three years (passbook, not statement)
·
Form I-134, if your US
sponsor is involved with his/ her financial papers
·
Letter from the Home
country company if willing to give you job on
your return
·
Evidence of certificate
of marriage, if applicable
·
Evidence of
certificates of birth of children, if applicable
The above
documents are recommended (not suggested by US Immigration Laws) based on
individual cases. They must
be shown only if asked during your visa interview. The objective of this
important exercise is to overcome the presumption that you are an intending
immigrant to America under Section 214 (B), and prove that you will come
back after your studies, based on your financial and social ties and family
circumstance.
While
speaking with the visa officer
Speak
with confidence.
Be
honest.
Be to the
point.
Smile.
Be
well-groomed.
How long can I stay in the US with an F/M visa?
F visa holders may remain in the U.S. for up to 60 days after the end date
listed on their I-20. M visa holders may remain in the U.S. either for one
year or the time indicated on the I-20 plus 30 days, whichever is less.
I am currently a student in the US, do I need a
visa to re-enter the US?
If you are making a short trip outside of the U.S., your visa has not
expired and you are still enrolled in the school listed on your student
visa, there is no need to obtain another visa.
According to the
US Citizenship and
Immigration Services (USCIS) ,
students may leave the U.S. and be readmitted after absences of five
months or less. If you have spent more than 5 months outside the
U.S. we strongly recommend that you apply for a new student visa.
I have changed schools,
do I need to get a new visa?
If you change schools before you make your first trip to the US as a
student, you will need to get a new visa. However, if you are changing
schools after you have started your studies in the US, you do not need to
get a new visa, unless you have been outside of the US for more than five
months. Before traveling to the US to start a new school, please contact
your student advisor to ensure that your SEVIS status has been activated.
If I am in the US studying and my visa has
expired do I need to leave?
You may remain in the U.S. as long as you are in full-time student status.
On your next trip outside the U.S., you will need to obtain a valid student
visa in order to reenter the U.S.
Can I work while I am in the US?
In certain circumstances, F-1 visa holders may obtain permission to work.
M-1 visa holders may only engage in employment which is a required part of
their practical training and the employment has been approved in advance by
the office of
US Citizenship and
Immigration Services (USCIS).
Can my family members work in the US?
No. Family members may not work on derivative F-2 and M-2 visas; they may,
however, study at academic institutions.
Can I study at a public school in the US?
According to section 214(l) of the Immigration and Nationality Act (INA),
students cannot attend public elementary school (grades K through 8,
approximately ages 5 to 14) or publicly funded adult education programs such
as foreign language classes on an F-1 visa. It is possible to attend public
high school (grades 9 through 12, approximately ages 14 to 18) for a maximum
of 12 months on an F-1 visa, but proof must be shown that payment has been
made for the full, unsubsidized cost of the education before a visa can be
processed.
Students
attending private elementary and secondary schools are not affected by this
ruling.
Can parents get a visa to live in the U.S. and
care for a "young student"?
No, there is no visa which will allow a parent to do this.
F-1
visa for Public Elementary and Secondary Schools
Restrictions on Attending Public Elementary and
Secondary Schools
Congress passed a law in 1996
that placed restrictions on foreign students in
U.S. public elementary (kindergarten through
eighth grades) and secondary (grades nine
through twelve) schools. Secondary school is
also called high school. The restrictions are
given below:
- prohibits foreign
students from attending public elementary
schools or publicly-funded adult education
programs
- limits secondary
school attendance to twelve months
- requires secondary
school students to pay the school the full,
unsubsidized per capita cost (cost for each
student) of education
Go to
Section 625 of
Public Law 104-208 for the text of the new
law.
Restrictions Are for F-1 Students Only
The restrictions apply to
these foreign students:
- foreign students in
F-1 status who need an I-20 to study in the
United States;
- foreign students in
F-1 status in public schools who leave the
United States and want to return to continue
their studies; and
- foreign students in
F-1 status who want to transfer from a
private school or program into a public
school or program.
The restrictions do not apply
to the following foreign students:
- foreign students in
another visa status, such as J-2, L-1, M-2,
or G-4.
- foreign students in
F-1 status who attend private schools or
private training or language programs
- foreign students in
F-1 status who were attending public schools
when the law came into effect (November 30,
1996)
Students Must Pay the Costs of Public
Secondary School Education
Foreign students who want to
attend public secondary school (high school)
must pay the full, unsubsidized per capita (for
each student) cost of education. This amount is
listed under the item called "tuition" in the
I-20. The full, unsubsidized per capita (for
each student) cost of education is the cost of
providing education to each student in the
school district where the public school is
located. Costs normally range between $3000 and
$10,000.
Frequently Asked Questions
Can our school waive the tuition requirement for
a deserving F-1 foreign high school student?
No. The law does not allow a
foreign student in F-1 status to attend public
secondary school without paying tuition. The
student must pay the full, unsubsidized per
capita (for each student) cost of education in
all cases.
Does the Section 625 of the law affect all
foreign students?
No. The law affects only
students in F-1 status, or applicants for F-1
visas, who plan to attend public schools or
publicly funded adult education. The law does
not affect other foreign students, such as
children of exchange visitors, diplomats or
foreign workers.
How does the law affect F-1 students in private
schools?
Foreign students who attend
private schools or privately funded adult
education or language programs are not affected
by the law. However, if a private school student
wants to transfer to a public school or a
publicly funded adult education or language
program, he or she must follow the requirements
of Section 625 of the law.
Will F-1 students who are already attending
public schools have to leave?
The law applies to students
who get visas to become F-1 students on or after
November 30, 1996. Students in public schools
before that date may continue in school.
However, if they travel outside the United
States, they must follow the requirements of the
law to return as F-1 students.
Can our adult education program continue issuing
I-20s if we charge full tuition?
The law prohibits the
issuance of F-1 visas to attend publicly funded
adult education programs. Publicly funded adult
education is defined as:
"education, training or
English as second language programs operated by,
through, or for a local public school district,
system, agency or authority, regardless of
whether such a program charges fees or tuition."
Programs under this
definition can not accept students in F-1
status, even if tuition is charged.
If a foreign student attended public school
before the law, does that time count against his
or her 12-month limit?
No. Only attendance in a
public secondary school after November 30, 1996
counts toward the 12 month limit. Only
attendance when the student was in F-1 status is
counted. If the student attends school in
another visa category, such as A-1, F-2, J-2 or
L-2, this period of time is not counted.
Can organizations or individuals sponsor an F-1
foreign student to attend public secondary
school?
Yes. Nothing in the law
prevents an organization or individual from
paying the tuition costs for the student.
However, the payment cannot come from public
funds. The foreign student must still show that
he or she has sufficient funds to cover
education and living expenses while in the
United States.
What about students who come here to live with
U.S. citizen relatives while attending public
school?
Does the student need a
student visa to study at your school? If so, the
student must meet the requirements of the law.
Someone must pay the tuition costs to the school
or school district. The child is limited to
twelve months of study in secondary school (high
school). The child may not study in elementary
school.
How to Calculate the Cost of Education
under Section 625.
What is the "full,
unsubsidized per capita (per student) cost of
providing education?"
Each Local Educational Agency
(LEA or school/school district) decides the
"full, unsubsidized per capita (per student)
cost of providing education." Each LEA decides
according to the policy of the State
where it exists. The following are two methods
that may be used to estimate the full,
unsubsidized per capita cost of education.
- Dividing the total of
all public expenditures of the school or
school district by the number of students in
the school or school district.Using existing
tuition charges for out of district
students. Suppose the school (LEA) has a
tuition charge for students attending public
secondary schools in a district outside of
the district where the student lives. The
school may use this amount for deciding the
cost for each student IF the LEA believes
that the tuition covers the full cost for
each student for the school). If the tuition
charge does not cover all public
expenditures, it must be adjusted for the
F-1 student.
What does "unsubsidized"
cost mean?
The unsubsidized cost is the
LEA's total expenditure for each student. It
does not include fees and charges to the
individual student. It includes expenditures
from all public revenue sources, including
local, state and federal funds. It includes all
operating and capital expenditures such as
expenditures for instruction, support services,
equipment, facilities and construction, from all
public revenue sources.
Does a district with
students from kindergarten through twelfth grade
(K-12) need to calculate a separate cost for
each secondary student?
No. A school district with
K-12 students may use the general cost for each
student. It does not need to calculate a
separate cost for each secondary student. A
school district may also choose to calculate
costs for an individual school.
Does a school calculate
the cost for each student on the basis of full
attendance or average daily attendance?
The LEA or school calculates
the cost for each student according the state
law and policy. It uses the same method that it
uses for deciding the cost for each student or
non-resident tuition for students from other
school districts.
Section 625 of Public Law 104-208
The section of the law that
deals with foreign students in public school
follows.
Section 625. Foreign
Students.
(a) Limitations. --
(1) In general. -- Section
214 (U.S.C. 1184) is amended by adding at the
end the following new subsection:
(1)(1) An alien may not be
according status as a nonimmigrant under section
101(a)(15)(F)(i) in order to pursue a course of
study --
(A) at a public elementary
school or in a publicly funded adult education
program: or
(B) at a public secondary
school unless --
(i) the aggregate period of
such status at such a school does not exceed 12
months with respect to any alien, and
(ii) the alien demonstrates
that the alien has reimbursed the local
educational agency that administers the school
for the full, unsubsidized per capita cost of
providing education at such school for the
period of the alien's attendance.
(2) An alien who obtains the
status of a nonimmigrant under section
101(a)(15)(F)(i) in order to pursue a course of
study at a private elementary or secondary
school or in a language training program that is
not publicly funded shall be considered to have
violated such status, and the alien's visa under
section (101(a)(15)(F)(i) shall be void, if the
alien terminates or abandons such course of
study at such a school and undertakes a course
of study at a public elementary school, in a
publicly funded adult education program, in a
publicly funded adult education language
training program, or at a public secondary
school (unless the requirements of paragraph
(1)(B) are met).
1. Conforming amendment. --
Section 101(a)(15)(F)(8 U.S.C. 1101(a)(15)(F) is
amended by inserting "consistent with section
214(1)" after "such a course of study."
(b) Reference to New Ground
of Exclusion for Student Visa Abusers. -- For
addition of ground of inadmissibility for
certain nonimmigrant student abusers, see
section 347.
(c) Effective Date. -- The
amendments made by subsection (a) shall apply to
individuals who obtain the status of a
nonimmigrant under section (101)(a)(15)(F) of
the Immigration and Nationality Act after the
end of the 60-day period beginning on the date
of the enactment of this Act, including aliens
whose status as such a nonimmigrant is extended
after the end of such period.
ARRIVING AT A U.S.
PORT OF ENTRY
WHAT A
STUDENT CAN EXPECT
Students
interested in
Canada, get
detailed information on studying in
Canada
-
Download Visa Application
form,
-
Download Personal Information form,
-
Student-Questionnaire.pdf,
-
Download Student Checklist,
Hungry
for more questions?
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