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If you want to study in the United States in an academic institution
or to take language training in English, you may be able to receive
an F-1 student visa.  An academic institution may be a university,
an established college, a private high school or a private
elementary school.

Study in a public high school or a public elementary school may be
possible, but only under very limited circumstances.  If you plan to
study in a public high school or elementary school you should
consult with a lawyer before doing so to avoid serious problems.

Students may apply for F, J, or M visas, depending on the type of
institution you will attend.

You must be accepted by a U.S. educational institution before you
can apply for a visa.  You should always confirm that the school is
USCIS approved.  If you want to study in a vocational school, you
will need to get an M-1 Student Visa.


What Steps Are Needed To Get A Student Visa?


STEP ONE:  

The first step in obtaining F-1 status is to get accepted into U.S.
Citizenship and Immigration Services (USCIS, formerly Immigration
and Naturalization Service, or INS) approved school, college or
university.  Most colleges and universities already have USCIS
approval and so do many private grammar school, junior high and
high schools.  

Prospective students must meet the standards set by the school
for admitting international students.  For example, many schools
require foreign students to take the Test of English as a Foreign
Language (TOEFL) as part of the F-1 application process.

Schools usually waive the test, however, if the student is from a
country where most residents speak English. In addition, schools
that offer classes in the student's own language, or classes in
English as a Second Language (ESL), do not usually require the
TOEFL.  

You need to write to the school of your choice, obtain an
application form, and make an application. The school will then
notify you of your acceptance and send you a Form I-20 to use in
applying for the F-1 visa.


STEP TWO:  

After you are accepted at a school, college or university, you must
apply for the F-1 visa at the American consulate in the country
where you are located.

At this point, in addition to submitting the special documents
provided to you by the school, you will also need to show two
things:
    a) You have enough money or financial support to
    study in the U.S. without working, and

    b) You do not intend to stay in the United States
    permanently.


A.     SHOWING THAT YOU CAN SUPPORT YOURSELF WHILE
STUDYING
    F-1 students must show that they can pay for tuition and
    living expenses before they can obtain a F-1 visa.

    The INS Form I-20, which is issued to you by the school,
    estimates the cost of one year's study at the school.

    If you apply for a F-1 visa, you must show that you have the
    money to pay the cost of the first year of study. You must
    also have dependable financial resources for the remainder
    of your educational program.

    One way you can prove your ability to pay for education and
    living expenses is through an Affidavit of Support.  
    Someone in your immediate family, like a parent, brother, or
    sister, usually completes the Affidavit of Support, which
    should be dated less than six months from the date it is
    submitted to the consulate.  

    An Affidavit of Support from someone other than a member
    of your immediate family, while permissible, is not as
    helpful.  If you have the personal resources to pay for your
    own education, you won't need an Affidavit of Support.

    However, you will need to show that you can support
    yourself throughout your course of study by presenting
    evidence of bank accounts, a trust or other income that will
    cover your tuition and living expenses.

Most visa refusals happen because the visa applicant fails to
make an adequate showing in this area.

Once again, a lawyer can provide valuable help to you in making
this showing. An on-campus employment authorization letter from
your foreign student advisor will help you get a social security
card.      
           


B.      SHOWING THAT YOU DO NOT INTEND TO STAY
    PERMANENTLY IN USA
    This is often difficult to do.  You must demonstrate to the
    consular officer that you have very strong ties to you home
    country and that these ties compel you to return after your
    studies are over.

    This may be done by showing that you have very close
    family members who are staying in your home country, such
    as your wife and children.  

    Or you may be able to show that you have a good, stable,
    high-paying job that will be kept open until you return.  You
    might also be able to show that you own substantial
    property or a business that you have to return to.

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Student Visas
FREQUENT QUESTIONS

Can My Spouse and Children Come With Me
While I Study?
As an F-1 student, your spouse and unmarried
children under the age of 21 years old can come
with you to the U.S. in F-2 status.

However, you will need to supply the American
Consulate with significant proof of substantial
financial resources, because your family members
will not be entitled to work.

In many developing countries, obtaining F-2 visas
is very difficult for the wife and children of an F-1
student. That is because the American Consulate
often believes that if the family accompanies the
student to the United States, the student will not to
return home.

Is It Possible To Work While I Am In F-1 Status?
Although to obtain an F-1 visa, you must be able to
support yourself without working, there is the
opportunity to work in certain circumstances.  

Some forms of employment may be authorized by
the Designated School Official (DSO), while other
forms of employment require approval by USCIS
prior to starting work.

On-campus Employment
As an F-1 student you may work up to 20 hours a
week on-campus
while school is in session and
also full-time during vacations and breaks. Working
on-campus means employment on the school
premises or at an affiliated off-site location. You will
need to the DSO to approve this type of
employment.

Off-campus Programs and Internships
The USCIS calls training programs and internships
"curricular practical training." In order to take
advantage of curricular practical training, however,
you must participate in a work-study program that
is part of a degree requirement or regular course
of study.

In most cases, you cannot qualify for curricular
practical training until you have been enrolled in
school for at least nine months. One exception is if
you are enrolled in graduate studies that require
immediate participation in curricular practical
training. You will need to get the DSO approve this
type of employment.

"Optional" Practical Training Prior to
Completion of Studies
F-1 students can work off campus in a field related
to their studies if they work no more than 20 hours
a week while school is in session.  

You can work full-time during vacations and recess
periods. The USCIS will, however, deduct time
spent in practical training prior to completion of
studies from the twelve months full-time
employment available for practical training after
completion of studies. You will need to get DSO to
approve this type of employment and to apply to
USCIS for a work authorization document.

Practical Training After Completion of Studies
F-1 students are entitled to a maximum of one year
practical training after they complete their studies.
The INS deducts time spent in pre-degree
completion practical training from the 12-month
maximum. You will need to get your foreign student
advisor to approve this type of employment and to
apply with the Immigration and Naturalization for a
work authorization permit.

Employment Authorization Based on Severe
Economic Hardship
Where unforeseen circumstances lead to a change
in your economic situation, you may be able to
obtain permission to work off-campus in any job of
your choosing.  You can work 20 hours per week
while school is in session or full time during
vacation periods.  To qualify, in addition to
providing evidence of the unforeseen
circumstances, you must have completed one
academic year in F-1 status, be in good academic
standing and obtain employment authorization from
the USCIS.

Other Frequently Asked Questions About F-1
Status

1. Can I get financial aid while in F-1 status?
In general, you will be required to pay for your
education without financial aid. For example,
international students are not eligible for U.S.
government and state aid. A few colleges, however,
do provide privately funded scholarships to
deserving international F-1 students. In addition,
some colleges offer financial aid for students,
particularly graduate students, through J-1
exchange visitor programs.

2. How can I remain in the U.S. after my
studies end?
If you graduate with a Bachelors Degree (a
four-year college degree), you may qualify for H-1B
status.  H-1B status allows college graduates to
work in a field related to their studies for up to six
years; H-1B status is granted initially for a period of
three years, and can be renewed for an additional
three-year period. Often international students
apply to change to H-1B status prior to the end of
their practical training period.