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Academic
Student Visa
Who
is Allowed to Study in the United States?
A
nonimmigrant is someone admitted to the U.S.
temporarily for a specific purpose. People who are
coming to the United States to pursue full-time
academic or vocational studies are usually admitted in
one of two nonimmigrant categories. The F-1 category
includes academic students in colleges, universities,
seminaries, conservatories, academic high schools,
other academic institutions, and in language training.
The M-1 category includes vocational students. For
more information on vocational studies in the United
States, please see How
Do I Get Approval For Vocational Studies in the United
States?. If you are planning to study in the
United States as an Exchange Visitor, please see the Department
of State, Bureau of Consular Affairs and
the Department
of State Websites.
Also, please see the Code of Federal Regulations at 8
CFR 214.2, 212.7,
and 22
CFR 514.
Please note: If you wish to attend public
high school (grades 9-12) in the United States in
student (F-1) status, you 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. F-1
students are prohibited from attending public
elementary schools and publicly-funded adult education
programs in the United States.
What Does the Law Say?
The Immigration and Nationality Act
(INA) governs the admission of all people to the
United States. For the part of the law concerning
temporary admissions to the United States, please see INA
§ 214 .The specific eligibility requirements and
procedures for applying for academic student status
are included in the Code of Federal Regulations [CFR]
at 8CFR
§ 214.2(f).
How Do I Apply?
You
first must apply to study at a USCIS-approved school
in the United States. When you contact a school that
you are interested in attending, you should be told
immediately if the school accepts foreign national
students. If you are accepted, the school should
give you USCIS Form I-20 A-B/ID (Certificate of
Eligibility for Nonimmigrant (F-1) Student Status -
for Academic and Language Students). If you require
a visa, then you should take the USCIS Form I-20 to
the nearest U.S. consulate to obtain a student visa.
Only bring the USCIS Form I-20 from the school you
plan on attending for visa processing at the
U.S. consulate. You must also prove to the consulate
that you have the financial resources required for
your education and stay in the United States. Please
see the State
Department Website for more information on visa
processing.
When you arrive in the United States, you should
receive a Form I-94 (Arrival-Departure Record) that
will include your admission number to the United
States. An Immigration inspector will write this
admission number on your USCIS Form I-20 A-B/ ID.
The Immigration Inspector will then send pages one
and two of this form, known as I-20 A-B, to your
school as a record of your legal admission to the
United States. You are expected to keep pages three
and four, known as the I-20 ID. This document is
your proof that you are allowed to study in the
United States as an F-1 student. You should see your
designated school official (DSO) if you need a
replacement copy of your I-20 ID. You should also
keep safe your Form I-94, because it proves that you
legally entered the United States. If you need a
replacement copy of your Form I-94, please see How
Do I Get an Arrival-Departure Record?.
How Can I Change My
Nonimmigrant Status to Become a Student If I Am
Already in the United States?
You first must apply to study at a USCIS-approved
school in the United States*. When you contact a
school that you are interested in attending, you
should be told immediately if the school accepts
foreign national students. If you are accepted, the
school should send you USCIS Form I-20 A-B/IID
(Certificate of Eligibility for Nonimmigrant (F-1)
Student Status - for Academic and Language
Students). You must submit this form and a USCIS
Form I-539 (Application
to Extend/Change Nonimmigrant Status) to the USCIS.
You must also prove that you have the financial
resources required for your education and stay in the
United States. For more information, please see How
Do I Get Permission to Change to a New Nonimmigrant
Status?.
*Please be aware that if you have been admitted as
a B-1 (Temporary Visitor for Business) or B-2
(Temporary Visitor for Pleasure) visa holder, you may
not begin your program studies until your application
for these studies is approved.
How Do I Apply for Permission to
Transfer Schools? You must be a full
time student in good academic standing. You must
notify your current school of your intent to transfer.
You must ask the school that you plan on attending to
give you a new USCIS Form I-20 A-B/ID (Certificate of
Eligibility for Nonimmigrant (F-1) Student Status -
for Academic and Language Students). You must complete
your portion of the USCIS Form I-20 and give it to
your new designated school official (DSO) within 15
days of transferring. The designated school official
(DSO) should give you the last two pages, known as
Form I-20 ID, and forward a copy of the first two
pages, known as Form I-20 A-B, to the USCIS and your
prior school.
Can I Bring My Spouse and
Children with Me to the United States? Your
spouse and children may come with you to the United
States in F-2 status. They should go with you to the
U.S. embassy or consulate when you apply for your
student (F-1) visa. They should be prepared to prove
their relationship to you. If your spouse or children
are following to join you at a later date, they should
provide the U.S. embassy staff with a copy of your
USCIS Form I-20 ID (Certificate of Eligibility for
Nonimmigrant (F-1) Student Status - for Academic and
Language Students) and proof of their relationship to
you. The F-2 status of your family will be dependent
upon your status as the F-1 academic student. This
means that if you change your status, your family must
change their status. If you lose your status, your
family will also lose their status. (For more
information on changing status, please see How
Do I Get Permission to Change to a New Nonimmigrant
Status?)
How Long Can I Stay in the
United States?
You are allowed to stay in the United
States for as long as you are enrolled as a full-time
student in an educational program and making normal
progress toward completing your course of study. If
approved, you also will be allowed to stay in the
country up to twelve additional months beyond the
completion of your studies to pursue practical
training. At the end of your studies or practical
training, you will be given sixty days to prepare to
leave the country. See 8
CFR § 214.2 for more complete time limits.
How Can I Extend My Stay as a Student
in the United States?
You do not need to apply to extend your
stay in the United States as long as you are
maintaining your student status and making normal
progress toward completing your academic course of
study. The designated school official (DSO) from your
school will write down a completion date on your USCIS
Form I-20 A-B (Certificate of Eligibility for
Nonimmigrant (F-1) Student Status - for Academic and
Language Students). Under normal circumstances, you
should be able to complete your studies by this date.
If you need to extend your stay for compelling
academic or medical reasons, then you and the
designated school official (DSO) should fill out USCIS
Form I-538 (Certification By
Designated School Official) and send it to the USCIS
student data center at least 30 days before the
completion date listed on USCIS Form I-20 A-B.
Will I Get a Work Permit?
You may be allowed to work on-campus or
off-campus (after the completion of your first year of
study) under limited circumstances. Please see the
rules on student employment at 8
CFR 214.2 (f) .
You may also wish to discuss employment with the
designated school official (DSO) at your school. Your
accompanying spouse and child may not accept
employment.
Can I Travel Outside the United
States?
Students may leave the United States and
be readmitted after absences of five months or less.
Upon your return to the United States, you should
provide immigration inspectors with:
- A valid passport.
- A valid F-1 entry visa stamped in the passport
(if necessary).
- A current USCIS Form I-20 ID (Certificate of
Eligibility for Nonimmigrant (F-1) Student Status
- for Academic and Language Students) signed by
your appropriate school official (you should have
the appropriate school official sign your USCIS
Form I-20 each time you wish to temporarily travel
outside the United States).
- A new USCIS Form I-20 A-B/I-20 ID if there have
been any substantive changes in your course of
study or place of study.
- Proof of your financial support.
When making your travel plans, please remember that
you must be a full-time student to keep your F-1
student status. You will be considered to be "in
status" if you take the annual summer vacation,
as long as you are eligible and intend to register for
the next school term.
How Can I Get USCIS Forms?
Your should be able to pick up
immigration-related forms from your designated school
official (DSO). Only your designated school official
(DSO) can give you a USCIS Form I-20 (Certificate of
Eligibility for Nonimmigrant (F-1) Student Status -
for Academic and Language Students) or a USCIS Form
I-538 (Certification By Designated School Official).
If you would like other immigration forms, you may
call 1-800-870-3676, or submit a request through our forms
by mail system. For further information on filing
fees, please see USCIS
filing fees,
fee
waiver request procedures, and the USCIS
fee waiver policy memo .
Can Anyone Help Me?
Your school will have a designated
school official (DSO) to help you with immigration
issues. Please note that you (the F-1 student) are
solely responsible for following U.S. immigration
laws.
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Source:
US Government, 10/29/2004 |
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