Law Offices of Sidney N Lachter | Arizona Immigration & Naturalization Law Attorney Lawyer Tucson AZ

Studying in the United States

Every year there are hundreds of thousands of foreign nationals attending school in the United States. They represent all parts of the world and have varying levels of education. Most students are pursuing higher education but some are in high school and even elementary school.

There are two main visa types for people interested in becoming students in the United States. The F-1 visa is for academic students in colleges, universities, seminaries, conservatories, other academic institutions and in language training. The M-1 visa is for vocational (nonacademic) students.

The Visa Process

The first step for someone interested in coming to the U.S. to study is to contact a school that has been approved by the United States Citizenship and Immigration Service (USCIS) and find out if they are accepting foreign students. Schools that are approved by the USCIS include schools that operate as public educational institutions run by federal, state or local governments and schools that have been accredited by a nationally recognized accrediting agency. Schools not fitting these categories may also get USCIS approval but they are not approved automatically. If the USCIS-approved school accepts the student the student will get a document that they can bring to the nearest U.S. Consulate to apply for a visa.

When applying for a visa, the student must show that they are enrolled as a full-time student at an approved institution, that the student is proficient in English (or is enrolled in courses that will lead to proficiency), that the student has sufficient funds to support himself or herself while in the U.S. and that the student is maintaining a foreign residence which they intend to return to. Student visas are issued for a finite period sufficient for the student to complete his or her studies. An applicant for a non-immigrant visa, such as a student visa, must demonstrate that they intend to return home when their visa expires.

Attending Public Schools

For students interested in attending public schools there are special considerations. In order to attend a public high school the student must prove that the local school district has been reimbursed for the unsubsidized per capita cost of the student's education. The purpose of this requirement is to make sure that foreign students do not become a drain on local resources. Foreign students may not attend public high schools for more than a total of 12 months. Students holding F-1 visas are prohibited from attending public elementary schools.

Recent Developments for Foreign Students

In response to security concerns after September 11th there have been some changes that affect foreign students and the schools that sponsor them. When the Department of Homeland Security was formed the Student and Exchange Visitor Program (SEVP) was created. SEVP is part of U.S. Immigration and Customs Enforcement (ICE) and works to ensure that students comply with visa rules and immigration laws.

Most of the changes that have occurred since SEVP was created in 2003 impact schools more than students. Schools now have more reporting obligations including informing ICE if a student fails to enroll in classes and telling ICE when a student completes his or her studies. The schools communicate with ICE using a web-based system called the Student Exchange Visitor Information System (SEVIS). Students that attend SEVIS-approved schools must register with the SEVIS system.

Conclusion

Despite increased security concerns regarding U.S. borders, the government remains dedicated to allowing foreign students to study in the United States. The Immigration and Customs Enforcement agency says that its new system for managing information plays a key role in the agency's homeland security mission while also ensuring that all eligible international student and exchange visitors can experience the benefits of America's exceptional schools, educational programs, and cultural opportunities.

Form: Applying for an Academic Student Visa (F-1)

To read and printout a copy of the Form please link below.

Applying for an Academic Student Visa (F-1)

You can download a free copy of Adobe Acrobat Reader here.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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