A visa is travel document which allowing entry or departure into / from the area for which it was issued. It can be reviewed by immigration officials at the port and time of entry. United States authorities usually and initially issue visas at their overseas Embassies, Consulates, Missions or through entities officially authorized to do so.
A person must have a visa in order to enter the United States and its territories. A Foreigner wishing study in the United States, must have a student visa. Furthermore, the chosen course of study and the type of school to attend determine the type of issued student Visa – F-1, M-1 visa or, in rare cases, J-1. For example, those wishing to study at the University, High School levels, or join language training programs, would apply for an F visa – but studies at vocational or recognized nonacademic institutions, other than a language training programs, would result in a M visa.
Before applying for an F or M student visa, the future student must first apply to, and be accepted by, a SEVP approved school. When accepted by the U.S. school he will be enrolled in the Student and Exchange Visitor Information System (SEVIS). Payment of the SEVIS I-901 Fee will follow this procedure. The U.S. school will provide the student with a Form I-20 which will then be presented to the consular officer during the visa interview. Spouse and/or children intending to accompany student must obtain individual Form I-20s, but do not pay SEVIS fee.
Having gathered all the appropriate documentation, scheduled and attended successfully the interview, and receipt of his/her F-1 or M-1 student visa, student and family may renew their visas at any time, as long as they have maintained the student status and their SEVIS records are current. Such “Continuing Students” may enter the United States at any time before classes begin. Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid.
A student is legally allowed to stay in the United States as long as he remains enrolled in school and the student’s Form I-20 remains current. This legal immigration status of the student will be reflected on his student’s electronic Form I-94 as “D/S,” which stands for “duration of status.”
Finally, student visa holder’s spouse and unmarried, minor children, who intend to reside with the visa holder during the study period of time may apply for F-2 or M-2 visas. The school must issue each of them an individual Form I-20, required to apply for their F-2 or M-2 visas. The initial applicant/visa holder must provide a copy of his/her F-1 or M-1 visa and proof of relationship with his spouse and children. Minor children are permitted to attend school in the United States while accompanying the F-1 visa holder.
In conclusion, in order to apply for a student visa, you must first be accepted by an accredited educational institution, and your course of study will determine which type of student visa you may eligible for.
The information contained in this article does not constitute a legal opinion nor does it serve as replacing a proper individual legal consultation. Any use of this information shall be entirely at the risk of the reader.
This article was written by Dotan Cohen Law Offices, an immigration law firm that handles legal matters related to the United States, Australia, United Kingdom, Canada, and Israel. Our contact details are:
Tel. +1-646-797-5717
e-mail: [email protected]
