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发信人: myosotis (飞飞), 信区: AdvancedEdu
标  题: F1 student Visa
发信站: BBS 水木清华站 (Fri Sep 19 13:22:26 1997)

                     VISA SPOTLIGHT: F-1 STUDENT VISAS

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[Note: This is a general discussion of F-1 visas. For more detailed
information on specific issues involving student visas, we suggest you scan
some of the "University Corner" articles in back issues of Siskind's
Immigration Bulletin. Archived issues are available on the World Wide Web
at http://www.visalaw.com/~gsiskind/).]

The Immigration and Nationality Act permits persons seeking to study in the
US, from elementary school students all they up to those engaged in
postdoctoral studies, to apply for an F-1 non-immigrant visa. To qualify in
student status, an applicant must meet a number of criteria:

   * the applicant can show he or she is a bona fide student coming to the
     US to pursue a full course of studies. A full course of studies means
     the following:
       1. postgraduate studies - a program certified by the university as a
          full course of study. Programs lasting more than three years will
          be closely scrutinized.
       2. undergraduate studies - normally 12 semester hours per term
       3. post-secondary non-vocational - 12 semester hours
       4. primary or academic high school
   * the student is enrolling in an "established institution of higher
     learning or other recognized place of study in the United States."
   * the institution where the student will enroll has been approved by the
     US government
   * the applicant must be proficient in English or first enroll in an
     English language program in the US
   * the applicant has a foreign residence that the applicant has no
     intentions of abandoning and must intend to leave the US upon
     completing his or her studies.
   * the applicant must demonstrate adequate financial support which is
     defined to mean that "the applicant is required to establish the
     unlikelihood of becoming a public charge ... and of resorting to
     unauthorized US employment to maintain solvency."

The process for receiving a student visa normally involves two steps.
First, the student must receive an I-20A-B Form from his or her school. The
student must then proceed with processing at a US consulate (if the student
is outside the US) or apply for a change of status with the Immigration and
Naturalization Service (if the student is already in the US legally in
another non-immigrant status). The application to the US consulate should
include Form OF-156 (the standard non-immigrant visa application), the
student's passport, two photographs of the applicant, application fee
(varies from country to country), and supporting documentation regarding
financial resources and non-immigrant intent. Upon entry to the US, the
student is normally issued an arrival/departure document allowing the
student to remain in the US lawfully for the duration of the student's
studies (hence the I-94 is marked with the initials "DS" next to the
expiration date).

If the applicant is applying for a change of status to F-1 student status
from within the US, the student needs to submit to INS Form I-539, Form
I-20A-B, the supporting documentation showing non-immigrant intent and
financial support, a filing fee of $75 and a copy of Form I-94 (the
arrival-departure document given to the applicant at the time of entry to
the US). One note of caution: the INS is extremely reluctant to approve
change of status applications for persons switching from B visitor visa
status to an F-1 visa unless the applicant informed the consulate that he
or she intended to apply to change status in the US (in this case, the
consulate will often issue a B-2 visa stating that the applicant is a
"prospective student- school not yet chosen"). The student will be expected
to present a strong case that he or she did not originally intend to come
to the US to study.

There are a number of types of documents and evidence that can be presented
to show a student's financial resources. They include the following:

   * financial aid statement from the school
   * financial aid from the private groups or organizations
   * funding from the student's home country government or university
   * family assets
   * the student's personal assets

To show non-immigrant intent, there are also a variety of types of evidence
that can be persuasive:

   * proof of close family members remaining in the applicant's home
     country (letters from family members, proof that family members are
     not likely to leave the home country (such as letters from employers
     or proof of a long-standing family business), proof of family
     financial holdings, etc.)
   * documents of assets held in the applicant's home country
   * proof of career opportunities in the applicant's home country (letters
     from prospective employers can be very helpful)
   * proof of strong community involvement in the applicant's home country
     (proof of memberships and affiliations should be submitted).
   * an affidavit or letter from the applicant showing how studying in the
     US will present better opportunities for the applicant in the home
     country.
   * proof that the applicant is obligated by his or her government, either
     by contract or by a posted bond, to return home upon completion of
     studies.

A student's spouse and children may be able to accompany the student on an
F-2 visa. Consulates will often deny petitions for family members,
especially when the applicant is from a country with a high visa refusal
rate. The consular officer may believe the prospects for the applicant
returning home are greater if the spouse is left behind.

Students are permitted to work under very limited circumstances. Part-time
employment on campus is relatively easy to obtain, but is limited to just
20 hours per week. Off-campus employment is permissible if there are
unforeseen severe economic circumstances presented to the student.
Supporting documentation and the support of the foreign student advisor
will be needed. Curricular Practical Training is available if an internship
or work requirement is a required part of a student's curriculum. To apply
for curricular practical training, the student must submit Form I-538 and
Form I-20 to the school's foreign student advisor. Optional pre- and
post-graduation practical training are also available to the student for a
total period of twelve months. Time spent in pre-graduation practical
training will be counted against the twelve months of available
post-graduation practical training. Practical training is not available to
students in language training programs and the student will not be given a
new twelve month practical training period if the student goes on to pursue
a higher degree. The student can apply for practical training by first
giving the foreign student advisor Form I-538 and I-20 for the advisor's
recommendation and then submitting Form I-765 with the regional INS office.

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[Image]SEVERAL OLYMPIC ATHLETES DEFECT AT ATLANTA OLYMPICS

[Image]INS PROCESSING TIMES

[Image]SISKIND'S IMMIGRATION BULLETIN

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