The definitive guide on student visas.

The good news for student visas is that there is virtually no limit to the number of individuals who can receive a student visa. In fact, 500,000 people will come each year to the United States to study through a student visa. We primarily deal with 3 types of student visas the F-1 visa for academic students, the M-1 visa for vocational students, and the J1 Visa for exchange programs.

Benefits of a Student Visa:

A student visa will allow you to live and study in the US.  You can attend a high school, college, university, or post-university through a US student visa.  Immigration lawyer, Stefan Coleman, can help you file your student visa to make sure that you have the best possible chance of being approved.

Are You Eligible for a Student Visa: In order to determine if you are eligible to file for a US student visa you must pass the following requirements.

1. You must be accepted at an approved US School.  Before you begin to apply for a student visa you must first be approved by a US school.
2. Bona Fide Student: Your real intentions for entering the US must be to attend the University and not for some ulterior purpose.
3. Attend Full Course of Study: You must take a full course of study at your school to maintain your student visa.  Consult our immigration attorney for more details on this.
4. Your Coursework Must Lead to Specific Objective: You must be studying in a program that leads to some graduation or a degree.
5. English Proficiency: You must be able to speak English fluently enough to successfully complete your course of study in the US.  Most US school require applicants to pass a TOEFL English proficiency test before they are admitted.  Also, at the consular interview, the interviewer may be assessing your English to determine if you could keep up with your course of study in English in the US.
6. Adequate Financial Support: When you receive a student visa, you are given permission to enter the US as a student.  This student visa does not give you permission to work.  Therefore, you must show that you have enough financial resources to cover your stay in the US while you study for at least one year.  This can be done through a relative submitting proof of funds to cover your expenses while you study in the US.
7. Intent to Return to Your Home Country: The US student visa is intended to be a temporary visa.  Your ultimate intent has to be that you will attend school in the US and return to your home country.  You may have to show evidence that you do intend to return home such as family ties to your home country, job opportunities, and property in your home country.  Consult our immigration lawyer for more information on this before you submit your student visa application.

How to Obtain a Student Visa?

Whether you seek to obtain an F1 visa, M1 visa, or J1 visa our immigration lawyers can help you file your application so that you can enter the US through a student visa.  The student visa process no matter which type of student visa you are applying for is roughly the same (please see our individual articles for more detailed instructions).

1. You need to apply to the school in the US you want to attend.
2. After you are accepted, you will need to contact an immigration lawyer such as our immigration law firm to see if you are eligible for a student visa.  We will go over your particular situation with you and determine which student visa you should apply for and if you meet all of the requirements.
3. We will file your student visa application.
4. Attend your consular interview at your local US consulate.
5. Enter the US with your student visa and enjoy your stay in the United States.

So what type of student visas are there?

Key Points of an M-1 Vocational Student Visa

1. The application can be reasonably quick (make sure you consult with a qualified immigration attorney in our firm before you submit your application or to consult with you before you complete the application).
2. While your visa is in good standing you may travel freely in and out of the United States up to a maximum of 1 year. If you have not completed your program in 1 year or by the time your school projected you to graduate (whichever is less) then you must apply for an extension (consult our law firm about your specific situation).
3. You cannot work if you receive an M-1 student visa. If you want to work this could not only jeopardize your ability to complete your academic program but if you want to later apply for a different visa or US citizenship this could be a key factor in denying you for another visa.
4. You may work if you get permission to work which will take place up to 6 months after you have completed your studies (consult with our law firm about your specific situation).
5. You cannot change your course of study. If you begin in an art program – you cannot now apply for an MBA in business.
6. Accompanying relatives are also eligible for visas but they cannot accept employment in the US during their stay.

Key Points of the F-1 Academic Student Visa

1. Once you’ve been accepted by the school the application process can be pretty quick.
2. You can transfer from one school to another or even switch academic programs (something you cannot do in an M-1 student visa) but make sure you notify the USCIS of all your changes.
3. You can travel in and out of the United States freely until you complete your studies.
4. Your accompanying relatives may stay with you in the United States but they must apply for a visa and will not be able to work in the United States on this type of visa.
5. You may work on a part-time basis on campus. You may get special permission to work off campus only if it is economically necessary or if the job provides practical training for the field in which you are studying. Make sure you communicate all changes to the USCIS.
6. An F-1 Visa may not be used at a public elementary school or a publicly funded adult education program.

Key Points About a J1 Exchange Visitor Visa:

The J1 visa is an exchange visitor visa which was created to foster educational and cultural exchanges between the US and foreign countries.  A J-1 visa can be used for students and teachers who want to participate in an approved exchange visitor program approved by the US Department of Justice. The J1 visa is also availabe for foreign workers who seek on the job training or internships with US companies.  More information is available at the Definitive Guide on J1 Visas.

How Long Does the Student Visa Last?

The student visa remains good for as long as you continue your course of study in the US.  As long as you maintain the requisite hours each semester and you are progressing towards your degree then your student visa is in good standing.

Can Your Spouse and Children Accompany you to the US on a Student Visa?

Your spouse and children under age 21 can accompany you but they will need to apply for a F2 student visa.  Our immigration law firm can help prepare all of your immigration forms for you, your spouse, and your children.  It is important to note that neither your wife nor your children will be allowed to work in the US if they are being admitted through an F2 visa.

Do You Need a Lawyer to Obtain a Student Visa

As a US immigration lawyer, I speak with many clients each week who for one reason or another were denied a student visa after they were accepted by a school in the United States. These hopeful students usually filled out the USCIS form out incorrectly or did not provide the correct documentation. You did the hard part which was get into the school, now let our law firm help you get the student visa to enter the United States in order to obtain your degree from the United States. Our prices are reasonable and we work fast to get you your student visa as soon as possible. Give us a call today for a free over the phone consultation and we will help you figure out how to obtain your student visa.