Immigration Lawyers

A guide to obtaining a United States student visa

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Once you make the decision to study in the United States, it is now time to think about logistics. How will you get your United States student visa, when can you apply, and what are the visa conditions? Keep reading to learn the answer to all these important questions and more.

At what point can you apply to get a US student visa?

While many people think you can apply to get a United States student visa at any point, the reality is that you can only apply once you are accepted into a respected academic institution. What defines a respected academic institution? US Homeland Security has a list of institutions that they acknowledge as capable of obtaining a student visa for.

What kind of student visa do you need to apply for?

 There are multiple types of student visas in the USA, and depending on what you are studying navigates which type of visa you will need. The most common student visa is the F visa, which includes studies such as university, high school, seminary, and language training programs. The M visa covers vocations and other recognized nonacademic institutions, and the J visa covers study and job exchange programs.

You applied for a US student visa… now what?

Once accepted into an academic institution, you are then registered for the Student and Exchange Visitor Information System (SEVIS) and are required to pay a fee, called the I-901 SEVIS Fee. The documents needed for the US student visa do not end there, you also need an I20 signed application form. This form serves as proof that you as a student were accepted into one of the approved academic institutions. A DS150 confirmation is necessary as well to show that the application was submitted properly and to the correct systems. Lastly, it is vital that the student applying for the visa has proof/evidence showing that they will return to Israel (or their respective home country) after their studies. This includes proof of life in Israel, such as having family here, friends, important events, etc. The point of showing this proof is to prove that the student has no incentive to say in the US after their studies end.United States student visa

Can you apply for a US student visa before being accepted to an institution?

While being able to apply for your student visa before being accepted into an institution would be nice for planning ahead, this is not possible. The reason for not being allowed to pre-apply falls back to the I20 form. The I20 form needs to be signed, and this form can only be signed once you have been approved to attend an institution. If you were to try and apply for a US student visa early, you would be denied and the fee mentioned above will not be returned to you.

Your US student visa was accepted, can you stay there forever?

The United States has strict rules regarding staying in the country while holding a student visa. Most F visas are given for a year’s time, and can be requested to extend if your studies require you to stay longer. The US regulates that a person holding a student visa can only be in the country for 30 days prior to their start of study, and after they finish, they have to leave the country within 60 days. If your studies end for another reason, such as an emergency or being expelled from the institution, you are not permitted to stay in the country.

Navigating the process

Although the steps are laid out, navigating the student visa process can be overwhelming and challenging. Having legal assistance can be extremely beneficial, to make sure all forms and documents are completed correctly, and no crucial components are missing.

The article was written in collaboration with attorney Samara Becker.

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