F-1 Visa & The F-1 Student Visa Process

Students who wish to come to the United States as full time academic or language students may do so with an F-1 student visa. The F-1 visa grants students who are enrolled in a program that provides a degree or certificate the right to remain in the US during the course of their studies.

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Can a former student apply for permanent residency after their student visa has expired?

Someone who is temporarily in the United States on a student visa may be able to apply for permanent residency or citizenship, but not usually based solely on his or her status as a student. Whether a foreign student can obtain permanent residency or citizenship will depend on his or her current status and whether he or she can convert to a status that is eligible for adjustment of status as a permanent resident.

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If I’m already in the U.S. under another lawful status, can I switch to student status if I decide I’d like to study here?

If you are close to the end of your visitor visa, the best choice may be to return to your native country and begin a new and separate application for a student visa. Do not risk falling into illegal status. The illegal status can subject you to immediate deportation. Seek the advice of your university’s foreign student counselor or an attorney that regularly practices immigration law. They will be able to help you decide which type of student visa is best for your situation and the timing of your application.

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How does a foreign national obtain a student visa in the United States?

There are two main types of student visas are used by colleges and universities. Some colleges focus on F-1 or M-1 student visas; here, college’s requirements for admission are a factor. A particular university may require a certain grade point average and three letters of recommendation. Before you can receive the application for an F-1 visa or M-1 visa, you must satisfy that institution’s requirements. Other colleges focus on J-1 student visas.

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What are the rules for students who want to attend public elementary, middle or high school in the U.S.?”

The new provisions do not affect foreign students in any other immigration status, for example, J-1 exchange visitors, or dependents of foreign nationals in the United States on other non-immigrant visas. Likewise, the new provisions do not affect foreign students attending private schools or private training or language programs. F-1 students who wish to transfer from private schools or programs into public schools or programs must meet the new public school requirements.

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If the U.S. school I want to attend does not have a foreign student advisor, who will help me with my student visa?

International students who wish to study in the United States often look to the schools they are pursuing to find a foreign student advisor who can help them navigate the visa process. Most schools will have a foreign student advisor or counselor to assist with the processing of international students visas. But what if the school you wish to attend does not have such a counselor? Then your next step may be to find an immigration attorney.

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