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F-1 Visas

 

An F-1 visa is a non-immigrant visa issued by a United States Consulate abroad to an alien who plans to come to the United States to pursue full-time studies at a U.S. educational school or institution. Generally, the U.S. Consular Office has total discretion to grant or deny the visa.  Foreign students who wish to obtain an F-1 visa must plan to pursue a full course of study in an approved college, university, seminary, conservatory, academia high school, private elementary school, other academic institution, and/or language training program in the United States. 

 F-1 status is a nonimmigrant status issued by the USCIS  to the alien student who is pursuing studies in the U.S. To obtain the F-1 status, an alien who is outside the US needs to first apply for an F-1 visa at their local US Consulate abroad. On the day that the alien is admitted into the U.S. on an approved F-1 visa, he/she becomes an F-1 status holder. For those who are already in the United States on another non-immigrant status, such as B-1/B-2, H-1, etc., they may apply to change to F-1 status in the U.S. or outside the U.S. through Third Country Visa processing. (For aliens who are subject to the J-1 two-year foreign residency requirement, the only option for change of status is via Third Country Visa processing.) 

The spouse and/or unmarried, minor children of F-1 holders are eligible to come to the United States on an F-2 Visa, if they are able to demonstrate that the F-1 student has been admitted and is, or will be within 30 days, enrolled in a full-course of study, or engaged in approved practical training following completion of studies. F-2 Visa holders are considered the dependents of F-1 students; furthermore, F-2 holders must be issued an individual SEVIS Form I-20 and may remain in the U.S. as long as the principal F-1 student maintains valid status. 

© 2015 by Forte | Malek. THE INFORMATION YOU OBTAIN AT THIS SITE IS NOT, NOR IS IT INTENDED TO BE, LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE REGARDING YOUR INDIVIDUAL SITUATION.

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