If you want to pursue academic study in the United States, perhaps at an elementary, middle, or high school, or a college, university, conservatory, or seminary, an F-1 student visa might allow you to do just that. Every year, approximately 600,000 people come to the United States on student visas. Fortunately, the number of people who can receive these visas is unlimited.
(To see the U.S. law authorizing the F-1 visa, go to the U.S. Immigration and Nationality Act (I.N.A.) at I.N.A § 101(a)(15)(F), and the Code of Federal Regulations (C.F.R.) at 8 C.F.R. § 214(f).)
This article will discuss:
The F-1 visa is specifically for academic or language students. If you're interested in a vocational program instead (such as cooking or technical courses), look into the M-1 visa.
Also keep in mind that not everyone planning to study in the U.S. needs an F-1 student visa. If you come to the United States as a tourist (on a B-2 visa or the Visa Waiver Program) and want to take a class or two for recreational reasons (fewer than 18 hours a week), that's okay. Doing so will not violate your B-2 visitor visa status.
Similarly, if you have a spouse or parent in the United States with an A, E, G, H, J, L, or NATO visa or status, or you're working for a U.S. employer in H status, you can attend school so long as it does not interfere with the other terms of your visa or nonimmigrant status. (For more information on temporary visa options, check out Nonimmigrant (Temporary) Visas: Who Qualifies?)
Here are some of the pluses, minuses, and other crucial things to know about the F-1 student visa:
How do you qualify for an F-1 student visa?
You will need to prove all of the above to the satisfaction of the U.S. government, as part of the standard application process.
Be warned, the government has several preset ideas about who might be committing fraud when submitting an F-1 application. One example is students who are much older than the norm. They might already have a full and settled life, perhaps a job and family, thus leading the U.S. government to wonder why they want to interrupt everything in order to study abroad.
USCIS has also mentioned as a fraud indicator "education request doesn't correlate with beneficiary's employment background." In other words, if you've always worked in the sciences, and suddenly want to get a degree in English literature, that might raise eyebrows.
Delay in applying for an F-1 student visa owing to past inability to afford a period of study in the United States could be an issue as well, particularly if your financial situation hasn't turned around completely. You will need to show that you can cover tuition, room, board, and living expenses in the United States. This will require a hefty amount of savings at most U.S. colleges and universities, and you will not be allowed to count on accepting employment in the U.S. to help cover these costs. (See When F-1 Students Can Work in the U.S.) An on-campus job is acceptable to U.S. immigration authorities, and you can probably qualify for paid training work, but these don't tend to pay much.
Finally, if you are hoping to study a subject that could have international security implications, and you're from a country that's on the U.S. government's list of supporters of terrorism, you will have serious trouble obtaining a student visa. For example, studying biochemistry, nuclear physics, or missile telemetry can make it more difficult to get an F-1 visa.
Applying for an F-1 or M-1 student visa for study in the U.S. is not normally a lengthy process. Nevertheless, you will need to figure out two calendaring issues:
Your school will likely provide you with helpful information and support during the visa application process, but ultimately it will be up to you to deal with the U.S. government in applying for a U.S. student visa.
Once you have been accepted by a U.S. school, college, or university, and indicated that you will attend (usually by paying a deposit), the school will prepare a Form I-20 Certificate of Eligibility using its online Student and Exchange Visitor Information System (SEVIS). It will send you a copy of the form, most likely electronically. Then you'll need to print it out and sign it.
At every government-approved school, there is a person on staff called the designated school official (DSO) or something similar. The DSO is recognized by USCIS and the U.S. State Department as having primary responsibility for dealing with foreign students. That person will help you through the rest of the process, which is briefly described below.
You will be applying for your student visa at a U.S. embassy or consulate. Start by locating the nearest one. Your country's capital city probably has at least one embassy, and other major cities might have smaller consulates, which you can check into via the State Department's website at http://www.usembassy.gov/.
In some countries, you can to go straight to the U.S. consulate, present your application and paperwork, and receive a visa within a day. In others, the decision can take several weeks, or applications might need to be mailed in. Check with your local U.S. consulate via telephone or their website regarding its procedures.
Here is what you will need to get ready (in addition to the SEVIS Form I-20 from your school) for your consular visa application and interview:
As the final step in obtaining an F-1 student visa, you will most likely need to attend a personal interview at a U.S. consulate. The consular interviewer will go over the contents of your application and ask you about both your plans while in the U.S. and your intention to return home afterwards. The officer will also be double-checking that your English is good enough for U.S. study. If all goes well, you will be granted an F-1 student visa. You might also need to pay a visa issuance fee at this point. For more information on this part of the process, see The Day of Your Consular Interview. You might also need to see What to Do If Your Student Visa Is Denied.
If you are living in the United States with a valid immigration status, you don't need to return home to obtain permission to study in the United States. Learn how to apply by reading Filling Out USCIS Form I-539 to Change Visa Status to Student (F-1 or M-1).
Keep in mind, however, that USCIS cannot issue actual visas, which are required for U.S. entry. Thus if you travel while in student status, you will need to visit a U.S. consulate in your home country (in most cases) before returning, so as to obtain a visa stamp. This should be no problem given your previous USCIS approval, but it's an important step to allow your reentry.
To educate yourself more about the student visa, including what to expect during the application process, see U.S. Immigration Made Easy, by Ilona Bray (Nolo). Or, you might want to consult an immigration attorney for a personal analysis. Look in particular for an attorney with expertise in student visas (even immigration law has subspecialties within it).
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