Texas F1 Student Visa Lawyers

F-1 Student Visa

F-1 visa is a non-immigrant category that authorizes foreign students' entrance into the United States to study at academic high schools, conservatories, colleges, universities, and institutions with language training programs. Issued by the US Citizenship and Immigration Services (USCIS), F-1 visa is valid generally for the period of study, including grace time.

It is possible for an F-1 visa holder to transfer from one institution to another or switch academic programs by informing the alteration to the USCIS. The F-1 status holders can travel in and out of the country, or stay in the country continuously until the completion of their studies.

The dependents of F-1 receive F-2 visa status. The F-2 visa is available for spouse and minor children of the F-1 visa holders. An F2 dependent visa holder can stay in the United States as long as the principal F1 holder remains in legal status.

On F1 student visa, you are able to apply for change of status. The most accepted change is F1 to H-1B visa. Other options such as M-1 visas and H-3 visas are also available.

1. ELIGIBILITY:

Before applying for an F-1 student visa, applicants must be accepted into a course of study at a recognized US educational institution and be able to provide documentation indicating their enrollment status.

It will also be necessary to provide other documentation including a valid passport, photograph, and an affidavit of financial support. Applicants must demonstrate adequate English language ability, and crucially, candidates must prove that they intend to return to their home country upon completion of their course and expiry of their US study visas. This may be assisted through the inclusion of documentation which demonstrates ties to the home country, for example family ties through a marriage certificate, employment obligations through a contract or evidence of prior temporary trips to the USA.

2. CRITERIA:

In order to qualify for F-1 visa, the applicants must:

• Sufficient grasp of the English language to pursue the intended course, unless special language tuition arrangements have been made with the institution or the course of study is an English language program;
• Possession of and/or access to sufficient funds to support themselves throughout the course;
• Documentation of acceptance as a student from a recognized US educational institution.

3. PRIVILEGES ON AN F-1 VISA:

On F-1 visa, you may:

• Come to the U.S. as a full time academic or language student enrolled in a program leading to a degree or certificate;
• Transfer from one school to another or switch academic programs by notifying the change to the USCIS;
• Legally work part time on-campus. You may even seek off-campus employment if it is economically necessary or if it involves practical training;
• Travel in and out of the U.S. or remain in the U.S. until the completion of your studies;
• Bring your dependents on F-2 visas.

4. LIMITATIONS ON AN F-1 VISA:

On F-1 visa, you may:

• Work off-campus only with prior USCIS permission;
• Attend the specific educational institution for which your visa has been approved;
• Bring your dependents, however, they may not work in the U.S;
• Not apply for a U.S. Green Card.

5. DURATION:

The Form I-20 indicates the length of time you may stay to finish your course of study. The U.S. government takes a generous position towards students who are enrolled in full time courses in U.S. universities. You are permitted to stay until you finish your studies.

You may apply for extension of stay if you need extra time to complete your studies. Your Form I-20 can be extended by the designated school official. The I-20 extension should be filed along with your passport, Form I-94, Arrival-Departure document, a letter stating the reason for your extension.

6. CHANGE STATUS:

You may apply for change of status while on F-1 visa. The most preferred change is F-1 to H-1B. You may avail of other options like M-1, H-3.

7. TRAVEL RESTRICTIONS:

There are no travel restrictions on F-1 visa. You may use the vacation between two semesters or other holidays to visit your home or enjoy your vacation. While re-entering the U.S. you must have the following documents: (1) A valid Form I-20A-B with a recent signature of the school advisor; (2) A valid Passport (3) A valid visa (unless you go to Canada, Mexico, or the Caribbean islands and return within 30 days; or unless you are a Canadian citizen); (4) Proof of your financial support.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.