Who is
Allowed to Study in the United
States?
A nonimmigrant is someone admitted to the U.S. temporarily for
a specific purpose. People who are coming to the United States
to pursue full-time academic or vocational studies are usually
admitted in one of two nonimmigrant categories. The F-1
category includes academic students in colleges, universities,
seminaries, conservatories, academic high schools, other
academic institutions, and in language training. The M-1
category includes vocational students. For more information on
vocational studies in the United States, please see How Do I
Get Approval For Vocational Studies in the United States?. If
you are planning to study in the United States as an Exchange
Visitor, please see the Department of State, Bureau of Consular
Affairs and the Department of State Websites.
Please note: If you wish to attend public
high school (grades 9-12) in the United States in student (F-1)
status, you must submit evidence that the local school district
has been reimbursed in advance for the unsubsidized per capita
cost of the education. Also, attendance at U.S. public high
schools cannot exceed a total of 12 months. F-1 students are
prohibited from attending public elementary schools and
publicly-funded adult education programs in the United
States.
If you live in Florida, we have a Naples
FL Immigration Lawyers office and an Orlando FL
Immigration Lawyers
Office.
How Do I Apply if I am Outside of the
United States? You first must
apply to study at a USCIS-approved school in the United
States. When you contact a school that you are interested
in attending, you should be told immediately if the
school accepts foreign national students. If you are
accepted, the school should give you USCIS Form I-20
A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1)
Student Status - for Academic and Language Students). If
you require a visa, then you should take the USCIS Form
I-20 to the nearest U.S. consulate to obtain a student
visa. Only bring the USCIS Form I-20 from the school you
plan on attending for visa processing at the U.S.
consulate. You must also prove to the consulate that you
have the financial resources required for your education
and stay in the United States.
When you arrive in the United States, you should receive a
Form I-94 (Arrival-Departure Record) that will include your
admission number to the United States. An Immigration inspector
will write this admission number on your USCIS Form I-20 A-B/
ID. The Immigration Inspector will then send pages one and two
of this form, known as I-20 A-B, to your school as a record of
your legal admission to the United States. You are expected to
keep pages three and four, known as the I-20 ID. This document
is your proof that you are allowed to study in the United
States as an F-1 student. You should see your designated school
official (DSO) if you need a replacement copy of your I-20 ID.
You should also keep safe your Form I-94, because it proves
that you legally entered the United States.
How Can I Change My Nonimmigrant
Status to Become a Student If I Am Already in the United
States? You first must apply to
study at a USCIS-approved school in the United
States*. When you contact a
school that you are interested in attending, you should
be told immediately if the school accepts foreign
national students. If you are accepted, the school should
send you USCIS Form I-20 A-B/IID (Certificate of
Eligibility for Nonimmigrant (F-1) Student Status - for
Academic and Language Students). You must submit this
form and a USCIS Form I-539 (Application to Extend/Change
Nonimmigrant Status) to the USCIS. You must also prove
that you have the financial resources required for your
education and stay in the United States.
*Please be aware that if
you have been admitted as a B-1 (Temporary Visitor for
Business) or B-2 (Temporary Visitor for Pleasure) visa holder,
you may not begin your program studies until your application
for these studies is approved.
How Do I
Apply for Permission to Transfer
Schools? You must be a full
time student in good academic standing. You must notify
your current school of your intent to transfer. You must
ask the school that you plan on attending to give you a
new USCIS Form I-20 A-B/ID (Certificate of Eligibility
for Nonimmigrant (F-1) Student Status - for Academic and
Language Students). You must complete your portion of the
USCIS Form I-20 and give it to your new designated school
official (DSO) within 15 days of transferring. The
designated school official (DSO) should give you the last
two pages, known as Form I-20 ID, and forward a copy of
the first two pages, known as Form I-20 A-B, to the USCIS
and your prior school.
Can I
Bring My Spouse and Children with Me to the United
States?
Your spouse and children may come with you to the United States
in F-2 status. They should go with you to the U.S. embassy or
consulate when you apply for your student (F-1) visa. They
should be prepared to prove their relationship to you. If your
spouse or children are following to join you at a later date,
they should provide the U.S. embassy staff with a copy of your
USCIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant
(F-1) Student Status - for Academic and Language Students) and
proof of their relationship to you. The F-2 status of your
family will be dependent upon your status as the F-1 academic
student. This means that if you change your status, your family
must change their status. If you lose your status, your family
will also lose their status.
How Long
Can I Stay in the United
States?
You are allowed to stay in the United States for as long as you
are enrolled as a full-time student in an educational program
and making normal progress toward completing your course of
study. If approved, you also will be allowed to stay in the
country up to twelve additional months beyond the completion of
your studies to pursue practical training. At the end of your
studies or practical training, you will be given sixty days to
prepare to leave the country.
How Can I Extend My Stay as a Student in
the United States? You do not
need to apply to extend your stay in the United States as
long as you are maintaining your student status and
making normal progress toward completing your academic
course of study. The designated school official (DSO)
from your school will write down a completion date on
your USCIS Form I-20 A-B (Certificate of Eligibility for
Nonimmigrant (F-1) Student Status - for Academic and
Language Students). Under normal circumstances, you
should be able to complete your studies by this date. If
you need to extend your stay for compelling academic or
medical reasons, then you and the designated school
official (DSO) should fill out USCIS Form I-538
(Certification By Designated School Official) and send it
to the USCIS student data center at least 30 days before
the completion date listed on USCIS Form I-20 A-B.
Will I Get
a Work Permit?
You may be allowed to work on-campus or off-campus (after the
completion of your first year of study) under limited
circumstances. Please see the rules on student employment at 8
CFR 214.2 (f) . You may also wish to discuss employment with
the designated school official (DSO) at your school. Your
accompanying spouse and child may not accept employment.
Can I
Travel Outside the United
States?
Students may leave the United States and be readmitted after
absences of five months or less. Upon your return to the United
States, you should provide immigration inspectors with:
A valid passport.
A valid F-1 entry visa stamped in the passport (if
necessary).
A current USCIS Form I-20 ID (Certificate of
Eligibility for Nonimmigrant (F-1) Student Status - for
Academic and Language Students) signed by your appropriate
school official (you should have the appropriate school
official sign your USCIS Form I-20 each time you wish to
temporarily travel outside the United States).
A new USCIS Form I-20 A-B/I-20 ID if there have been
any substantive changes in your course of study or place of
study.
Proof of your financial support.
When making your travel plans, please
remember that you must be a full-time student to keep your F-1
student status. You will be considered to be "in status" if you
take the annual summer vacation, as long as you are eligible
and intend to register for the next school
term.
Worldwide
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and Loughlin, PLLC - Immigration
Lawyers We can handle most
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work
Thomas W. Goldman,
Esq.
Peter J. Loughlin,
Esq.
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(239) 643-5529
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