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Types of Visa Classes
Studying
in the United States: F and M
Important Information for Student Visa Applicants: Please click to know more http://nigeria.usembassy.gov/pr_12032009.html
Description and Qualifications
The United States welcomes foreign citizens who come to study. Most
of those who wish to study in the United States will seek an F-1
student visa, but there are other visa types that are sometimes
used. A short description of the two types of student visas:
F-1: This visa is the most common for those who wish to engage
in academic studies in the United States. It is for those who want
to study at an accredited U.S. college or university. If you are
going to the United States to study and your course of study is
more than 18 hours a week, you will need an F-1 or M-1 visa.
Note: You do not need a student visa to attend recreational
schools such as tennis or golf camps. If you are traveling to the
United States for tourism, but will incidentally attend school less
than 18 hours per week (less than 12 for universities), a B-1/B-2
visa may be used in lieu of an F visa.
M-1: This visa is for those who will be engaged in non-academic
or vocational study or training at a U.S. institution. If you are
traveling to the United States for tourism, but will incidentally
attend school less than 18 hours per week, a B-1/B-2 visa may be
used in lieu of a M visa.
More information about these visas and opportunities for studying
in the United States can be found at http://www.educationusa.state.gov/usvisa.htm
Dependents
Spouses and/or unmarried children under the age of 21 who wish to
accompany or join the principal visa holder in the United States
for the duration of his/her stay require derivative F or M visas.
Spouses and/or children who do not intend to reside in the United
States with the principal visa holder, but visit for vacations only,
may be eligible to apply for visitor (B-2) visas. Spouses and dependents
may not work in the United States on a derivative F or M visa. If
seeking employment, the appropriate work visa will be required.
U.S. Public School
U.S. law does not permit foreign students to
attend public elementary school (kindergarten to 8th grade) or a publicly funded
adult education program. Hence, F-1 visas cannot be issued for study at such schools.
However, a F-1 visa can be issued for attendance at a public secondary school
(grades 9 to 12), but the student is limited to a maximum of 12 months at the
school and parents required to reimburse the public school for the full, unsubsidized
per capita cost of education for the intended period of study.
Note: This law does not pertain to holders of J, F-2, H-4,
L-2, or any other non-immigrant visa status permitting elementary
or secondary school attendance.
Optional Practical Training (OPT)
Per 9 FAM 41.61 note 12.4-2, students are eligible for up to 12
months of optional practical training following completion of all
course requirements for graduation (not including thesis or equivalent),
or after completion of all requirements, OPT is separate from a
student's academic work, and time for OPT will not normally be reflected
during the student's academic program or in the completed study
date. Students applying for a F visa to do OPT may present an I-20
with an original end of study date that may have passed. However,
these I-20s must be annotated by the designated school official
to reflect approval of an OPT program that extends beyond the end
of the regular period of study. In addition, the student must have
proof of DHS receipt of application or approval for a practical
training program, either in the form of an approved Employment Authorization
Card or an I-797 indicating that s/he has applied for DHS approval
for an OPT program.
Validity of Student Visas after a Break in Studies
There are two circumstances in which a student's visa is automatically
invalidated after a break in studies longer than five months.
Students who are not studying but remain in the United States:
An individual admitted in F-1 or M-1 status to study in the United
States who is transferring between schools or programs is no longer
regarded to be in student status if classes are not resumed within
5 months of the date of transferring out of the previous school
or within 5 months of the date of the program completion, whichever
is applicable. In order for such a student to restore lawful status,
s/he must apply for reinstatement of student status with USCIS,
which has the option to approve or deny reinstatement of student
status. A student may pursue studies while reinstatement is pending.
Students who depart the United States while in valid student
status:
When a student has been out of the United States for more than 5
months, the student's F-1 or M-1 visa is considered to be invalid
based on U.S. immigration law. After an absence of more than 5 months,
a foreign national is no longer admissible at a U.S. port-of-entry
as a continuing student. Such a student's visa is subject to cancellation
and should not be used. In such cases, a student who wishes to resume
study in the United States must obtain a new student visa.
Students who have the approval of their schools to take an extended
break from study must have their SEVIS record terminated for Authorized
Withdrawal. When the student is ready to resume study, the school
will issue the student a new initial Form I-20 with a new SEVIS
number. These students must also pay the SEVIS fee.
Some students depart the United States for extended periods of time
for activities related to their course of study, such as field research.
Schools are expected to maintain those students in an active SEVIS
status. Since these students continue to maintain their student
status while overseas, their F-1 visas are not considered to be
invalid after an absence of more than 5 months.
Application Items
Applicants must demonstrate strong financial, social, and family
ties abroad that will compel them to return after the program of
study.
Documents required:
All required documents for any non-immigrant visa plus:
- Approved I-20
from your U.S. school or program (Is the data on your I-20 correct?); and
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I-901 SEVIS fee receipt.
Supporting
documents: - Financial and any other documents you believe will
support your application:
Credible evidence that you have enough readily available funds
to meet all expenses for the first year of study and that you
have access to funds sufficient to cover all expenses while you
remain in the United States.
Documents frequently presented are: proof of your relationship
to the sponsor (such as your birth certificate), the sponsor's most recent, original
tax forms, and the sponsor's bankbooks and/or fixed deposit certificates. Full-time
students on F visas may seek on-campus employment not to exceed 20 hours per week.
Note: Unlike F-1 visa applicants, M-1 applicants must demonstrate the
ability to pay all tuition and living costs for the entire period of their intended
stay and cannot work while in M visa status.
- Academics: Documents
that show scholastic preparation. Useful documents include school transcripts,
public examination certificates (A-levels, etc.), standardized test scores (SAT,
TOEFL, etc.), and diplomas. Returning students should bring official transcripts
from their U.S. schools.
Dependents: All required
documents for any non-immigrant visa plus:
- For each dependent: An approved I-20 from the principal
applicant's U.S. school or program with the dependent's name included;
- Original marriage (spouse) and/or birth certificates (unmarried
children under 21) as applicable; and
- If not applying at the same time as the principal applicant:
A copy of the principal applicant's passport and his/her U.S.
visa. If a copy of the passport is submitted, it should be a legible
and the photo clearly identifiable.
Students and exchange visitors:
Frequently Asked Questions for F / M / J / Q
Pre-visa Issuance
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What are the basic requirements for a student/exchange visa?
| You must convince the consular officer
that you are a bona fide student/exchange visitor, have
a residence abroad that you have no intention of abandoning,
and that you will depart the United States at the end
of your studies or program. Information to support your
application can include evidence of your immediate family's
social and economic situation (proof of employment, property
ownership, savings, and previous U.S. visa(s)).
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When can I apply?
| F, M and J visas will NOT be issued more
than 120 days prior to the start date indicated on the
form I-20/DS-2019. The Embassy / Consulate cannot issue
a student F-1 of M-1 visa after the reporting date on
your I-20 has passed or if it appears you will not be
able to enter the United States before that reporting
date.
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My DS-2019 or I-20A & B or I-20M Form hasn't arrived from
the United States yet. Can I apply for my visa?
| Yes, you may initiate the visa application
process. Present your letter of admission to the educational
institution you plan to attend. For the visa to be issued
and placed in your passport, you must submit the original
forms to us.
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My SEVIS fee has not been paid. What should I do?
| We can accept your application though
the SEVIS fee has not yet been paid. However, you must
submit proof of payment before the visa can be issued.
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Can I study at a U.S. public school?
| U.S. law does not permit foreign students
to attend public elementary school (kindergarten to 8th
grade) or a publicly funded adult education program. Hence,
F-1 visas cannot be issued for study at such schools.
However, a F-1 visa can be issued for attendance at a
public secondary school (grades 9 to 12), but the student
is limited to a maximum of 12 months at the school and
parents required to reimburse the public school for the
full, unsubsidized per capita cost of education for the
intended period of study.
Note: This law does not pertain to holders of J,
F-2, H-4, L-2, or any other non-immigrant visa status
permitting elementary or secondary school attendance.
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When
can I enter the United States?
| DHS regulations state that holders of
F, M, or J visas will not be admitted to the United States
until a date that is 30 days or less prior to the beginning
of your program start date (listed on your I-20 or DS-2019).
You may be denied entry into the United States if you
use the visa earlier than this thirty-day period. Please
consider that date carefully when making your travel plans
to the United States.
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As a F, M or J visa holder, what do I need to re-enter the
United States for study after any short trip abroad?
| To return, you must present a valid passport,
valid F, M or J visa, and a properly endorsed, valid I-20/DS-2019
form at the U.S. port of entry. The valid F, M or J visa
can be in an old or expired travel document as long as
you can present a new, valid passport.
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If I am in the United States studying and my visa has expired,
do I need to leave?
| If you are a student/exchange visitor
whose visa has expired, you may remain in the United States
as long as you are in full-time student/exchange visitor
status. On your next trip outside the United States, you
will need to apply for and receive a valid F-1, J-1, or
M-1 visa to re-enter the United States.
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How long can I stay in the United States after my study/exchange
program ends?
F visa: 60 days after the conclusion
of your studies.
J or M visa: 30 days after the official end of your
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What if I want to stay longer than the permitted 30 days
afterwards on my J or M visa as a tourist?
| You should apply for a B-1/B-2 visa at
the same time you apply for your J or M visa. If you decide
to apply for both visa types, you will need to pay two
separate application fees. To remain longer than the 30
days permitted after the end of your program, you must
contact the Border Control and Immigration Services (BCIS)
office in the state you reside in and request a change
in status from your J or M visa to your B-1/B-2 visa.
You should request this change in status about 2 months
prior to the official end of your program. Alternatively,
you could leave the United States within the 30 days after
the end of your program and re-enter on your B-1/B-2 visa.
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How do I "transfer" my valid F, M or J visa into my new passport?
| There is no provision in U.S. visa regulations
for the transfer of a visa. However, it is not necessary
to replace a valid F, M or J visa in your expired or expiring
passport. When applying to re-enter the United States
after a short trip abroad (and obtaining the new passport,
of the same nationality), you should carry your new and
old passports together, along with your valid I-20/DS-2019.
If you find it inconvenient to travel with two passports,
you may choose to apply to have a new visa placed in your
new passport. Please note that the application fee and
other necessary fees will be charged and there is no guarantee
that a visa will be granted. When applying for a new visa,
you should present a valid I-20/DS-2019 and proof that
you are a continuing, full-time student/exchange visitor
in the United States.
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As a former J-visa holder, how do I obtain a waiver of the
2-year foreign residence requirement?
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