What are the USA Student Visa Requirements?
What is a Student Visa?
A student visa (F-1 visa) is a type of non-immigrant visa that is issued to foreign nationals who wish to study temporarily in the United States. F-1 student visas allow persons to study at public schools approved by the U.S. government, such as some high schools and higher education institutes. Upon expiration of the student visa, the student is required to return to their country of origin.
The term “student visa” usually refers to an F-1 visa. There are other visas available for foreign nationals who wish to study in the U.S. For example, a “J” category visa allows an alien to participate in educational or cultural exchange programs. However, these visas are usually known as “exchange visitor visas”, and may have different requirements from F-1 visas.
What are the USA Student Visa Requirements?
In order to be eligible, the foreign national must meet several student visa requirements. Applicants must demonstrate that they:
- Are a student
- Will be attending a U.S. educational institute that has been approved by the Attorney General
- Have enough financial resources to meet all the various expenses for the period of study, without having to be employed in the U.S.
- Have a working understanding and use of the English language
A person who applies for an F-1 student visa may be asked to provide extensive proof that they satisfy these requirements.
For example, they may be requested to provide documents such as academic transcripts, and may be required to participate in interviews with immigration authorities. An immigration lawyer can assist the student applicant throughout the process.
Are There any other USA Student Visa Requirements?
The requirements listed above deal mostly with the student’s eligibility for an F-1 visa. In addition to these eligibility requirements, the applicant must also:
- Apply and be accepted at the U.S. school where they will be studying
- Complete and submit Form I-20, “Certificate of Eligibility for F-1 Student Status” which will be provided by the school upon acceptances
- Complete and submit Form I-94, “Arrival and Departure Record”, which will be issued upon arrival in the U.S.
- Pay any applicable fees, such as a $140 filing fee and a separate Student and Exchange Visitor Information Services (SEVIS I-901) fee of $200
Are there any Restrictions on Student Visas?
Yes- there are some restrictions on student visas that you should be aware of:
- F-1 visas are not renewable and may not be re-issued while in the U.S.
- F-1 visas are not available for elementary or middle schools
- High school students under an F-1 visa may stay in the U.S. for only 12 months
- You may travel outside of the U.S. during your temporary stay; however, you must have your Form I-20 with you during re-entry into the country. Even still, it is possible to be denied re-entry for various reasons if you leave the country
What are the Consequences of Violating USA Student Visa Requirements?
The main point of these student visa requirements is to ensure that the student intends to visit the U.S. for the purpose of enriching their academic experience through education. In other words, the requirements help ensure that foreign nationals will not abuse their student visa by overstaying. They also help to prevent immigration document fraud.
Some of the legal consequences of violating visa requirements may include: being subject to removal (deportation), being disqualified and ejected from the school of enrollment, or being denied a visa and/or re-entry into the U.S. at a future date.
Do I Need a Lawyer for Help with USA Student Visa Requirements?
If you or your loved one has plans to study in the United States, you may wish to ask an immigration lawyer for advice. A seasoned immigration attorney can assist you with the student visa requirements, and can help make sure that you are following immigration guidelines during your stay. Also, if you are being questioned about a visa violation, it is important to have a lawyer to represent you.
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Last Modified: 08-19-2011 01:38 PM PDT
