F-1 Visa

J1 Visa – Change of Status

by

I had a F1 visa for 5 years, before it expired I obtained a J1 in another passport from my country because my mother institution required me so before starting the other program I am in now. I want to change my visa to F1 so I can change my status to a work visa or residency without leaving the States for 2 years. How can I get that?

If you are subject to the two year home residency requirement then you are barred from obtaining a change of status in the US. We will need to review your immigration documents in order to make that determination. If you are subject, then you will need to leave the US and apply for an F1 visa at an Embassy abroad.

F1 Visa Stamping After a Successful Change of Status

by

I came into the US with a visitors visa and my school managed to get me into F-1 status. I would like to see how i can get an F1 visa stamp in my passport so i may travel back home. Id like to find out what my options are.

The only way to obtain a visa stamp in your passport is to apply for stamping at a US Embassy outside of the US. While you can obtain a new visa status in the US, you cannot obtain the visa stamp without leaving the country. The US Embassies prefer that you apply for the visa stamp in your home country. This means that you generally have a greater chance of success there. However, since it is cheaper and faster to travel to Canada or Mexico, many people choose to apply there. Embassies in Canada and Mexico will only accept certain applicants so we will need to make sure that you are eligible before you leave the country.

Change of Status Application Denied; How Long to Leave the Country

by

I was an Au Pair, so I came to US with a J1 Visa. After two years I decided to change my status.

I wanted to get the F1 Visa, but it was denied. They sent me a letter saying that I have 30 days to leave the country, but I’ve asked to a lawyer and he said I actually have 180 days to leave without violating the law. I am very confused and I need an ansewr soon.

The notice from immigration properly states how long you may legally remain in the US after your change of status application is denied. Any time spent in the US after that point is illegal and will have a negative impact on any future visa applications made at an Embassy abroad. The 180 day figure provided by another lawyer likely refers to the 3/10 year bar. Any foreign national who accrues 180 days of unlawful presence in the US is barred from re-entering the country, after leaving, for 3 years unless they can obtain a waiver of inadmissibility.

F1 Visa After J1 Waiver Approval

by

I am a graduate student at USC and I am originally from Poland. I originally came to United States on J1 visa. I got a J1 waiver and changed to F1 visa. I don’t have any current visa in my passport. I need to travel home to visit my parents and was wondering how I should go about it? Will I have any trouble coming back to United States because I got the J1 waiver? Thanks.

Because you do not have a F1 visa in your passport, you will need to apply for a F1 visa at the US Embassy. While you should not have any additional difficulty in securing the visa simply because you obtained a J1 waiver, you will still need to prove to the satisfaction of the consular officer that you have strong ties to Poland and that you intend to return upon completion of your studies. This can be difficult to do if you do not have family or employment in Poland or you have already been in the US for an extended period of time.

Change of Status from J1 Visa During the 30-day grace period

by

I just finished working for a hotel chain in J1 which is now expired. I was hoping you could help me change to student visa. Is it possible?

Upon completion of you J1 program (the end date on your DS-2019 form), you have a 30 day grace period. We can help you change to F1 visa status during your grace period so long as the start date for the F1 falls within the grace period.

Marriage Green Card and School

by

I am currently on a F1 visa and am going to school at University of Indiana. My boyfriend and I are getting married and I want to apply for green card. Do I keep my F1 visa or can continue without?

Most schools will allow admission with evidence that you have filed your Form I-485. It is a school issue and the vast majority of schools only ask for evidence that you are in legal status and some don’t even ask for that. The USCIS does not prohibit attending school while your marriage green card is pending.

F1 Student Visa for High School Students at Public and Private Schools

by

All applicants for F1 student visas must demonstrate that s/he:

1.  has a residence in a foreign country which he has no intention of abandoning;

2.  is a bona fide student qualified to pursue a full course of study;

3.  seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States;

4. has a SEVIS Form I-20 from an ICE approved institution; and

5. can demonstrate financial support or the funds to cover the expenses listed in the SEVIS Form I-20.

In cases where the student intends to study at a public secondary school, the student must demonstrate that s/he has reimbursed the local educational agency that administers the school for the full, unsubsidized per capita cost of providing education at the school for the period of the student’s attendance.  Additionally, the period of attendance must be 12 months or less.  Violation of this restriction can result in a five year bar from entry to the United States INA Section 212(a)(6)(G).  In most cases where a F1 visa holder attends high school in the US, s/he will reside with a host family.  It is a good idea for the host family to execute a limited power of attorney so they may seek medical care or assist in legal matters for the child

An F1 visa applicant’s spouse and minor children may obtain F2 visa status. Children of F1 visa holders in F2 visa status may attend elementary school through 12th grade.  Canadian and Mexican nationals who maintains actual residence and place of abode in their country of nationality may commute to the United States to study at an approved institution.