USCIS Tips – F1 Visa Lawyers

1. What is the purpose of USCIS and what are its primary responsibilities?


The United States Citizenship and Immigration Services (USCIS) is a component of the Department of Homeland Security responsible for overseeing lawful immigration to the United States. Its primary responsibilities include administering immigration and naturalization benefits, such as processing and adjudicating visa petitions, granting lawful permanent resident status, and managing citizenship applications. USCIS also carries out refugee processing, investigates and reports on fraud within the immigration system, and provides information to the public about immigration laws and policies. Its ultimate goal is to facilitate legal immigration while protecting national security interests.

2. How do I apply for a F1 visa to study in the United States?


To apply for a F1 visa to study in the United States, you will need to follow the steps outlined below:

1. Receive acceptance from a SEVP-approved school:
Before you can apply for a F1 visa, you must first be accepted by an educational institution accredited by the Student and Exchange Visitor Program (SEVP). Your school will provide you with a Form I-20, which is a document that verifies your admission and enrollment in the institution.

2. Pay the SEVIS fee:
Once you receive your Form I-20, you must pay the Student and Exchange Visitor Information System (SEVIS) fee before your visa interview. The current fee is $350 and can be paid online at https://www.fmjfee.com/i901fee/index.html.

3. Complete the online nonimmigrant visa application (Form DS-160):
You must complete the online DS-160 form on the U.S. Department of State website. This form will require you to upload a photo and provide information about yourself, your travel plans, and your education background.

4. Schedule an appointment for your visa interview:
After completing the DS-160 form, you will need to schedule an appointment for a visa interview at your nearest U.S. embassy or consulate. You may need to wait several weeks or even months for an available appointment.

5. Prepare required documents:
Before your interview, make sure to gather all required documents including:
– A valid passport that is valid for at least 6 months beyond your intended stay in the U.S.
– Printed confirmation page of completed DS-160 form
– Receipt of SEVIS fee payment
– Form I-20 issued by your school
– Proof of financial support
– Academic transcripts or diplomas
Check with your local embassy or consulate for any additional documents that may be required.

6. Attend the visa interview:
On the day of your scheduled appointment, arrive at the embassy or consulate on time. The consular officer will ask you questions about your education, ties to your home country, and your plans for studying in the U.S. Be honest and provide any requested documents during the interview.

7. Receive your visa:
If your F1 visa is approved, the consular officer will give you a visa stamp on your passport. You may need to wait a few days to receive your passport with the visa from the embassy or consulate, depending on their procedures.

For more detailed information and guidance on applying for a F1 student visa, visit the U.S. Department of State’s website at https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html.

3. Can I work while studying on a F1 visa?

Yes, F1 visa holders are allowed to work part-time on campus during their studies. They may also be eligible for off-campus employment with prior authorization from the school and the United States Citizenship and Immigration Services (USCIS). However, their primary purpose in the United States must remain to study and maintain their academic status.

4. What is the Optional Practical Training (OPT. program and how do I qualify for it?


The Optional Practical Training (OPT) program is an employment authorization program for F-1 students in the United States. Under OPT, eligible students can work in a job related to their field of study for up to 12 months after completing their academic program.

To qualify for OPT, a student must meet the following requirements:

1. Be enrolled in a full-time degree program at a US college or university that is certified by the Student and Exchange Visitor Program (SEVP)
2. Have been enrolled for at least one academic year (9 months) before applying for OPT
3. Be maintaining valid F-1 student status
4. Intend to work in a job directly related to their major area of study

Additionally, students are only eligible for 12 months of OPT per education level (e.g. 12 months after completing a Bachelor’s degree and another 12 months after completing a Master’s degree).

Students may also be eligible for an additional 24-month extension of their OPT if they have earned a degree in Science, Technology, Engineering, or Mathematics (STEM) fields and are employed by employers enrolled in the E-Verify program.

It is important to note that students must apply for and receive approval for OPT from US Citizenship and Immigration Services (USCIS) before engaging in any employment under this program. Additionally, any employment undertaken on OPT must be directly related to the student’s major field of study and must not exceed 90 days of unemployment during the initial 12-month period or 150 days during the STEM extension period.

5. When should I apply for my F1 visa and how long does the process take?


You should apply for your F1 visa as soon as possible after receiving acceptance into a SEVP-certified school. Each U.S. embassy or consulate has its own application process and required documents, so it is important to check the specific instructions for the embassy or consulate where you will be applying.

The length of time it takes to obtain an F1 visa varies depending on the workload of the embassy or consulate. Some may process applications in a few days, while others may take several weeks. It is recommended to apply for your visa at least 3-4 months before your program start date to allow for any potential delays.

6. Can I transfer from one school to another while on a F1 visa?


Yes, you can transfer from one school to another while on a F1 visa. However, there are certain procedures and requirements that must be followed in order to successfully transfer to a new school.

First, you must be maintaining your F1 student status at your current school. This means that you must be enrolled in a full course of study, making normal progress towards completing your program, and complying with all other F1 visa regulations.

Next, you will need to apply and be accepted to the new school where you wish to transfer. Once you have been accepted, the transfer process can begin.

You will need to provide your current school’s international student advisor with a copy of your acceptance letter from the new school. The advisor will then release your SEVIS (Student and Exchange Visitor Information System) record to the new school. This is an electronic record that contains information about your immigration status and academic program. The new school’s international student advisor will issue you a Form I-20 for the new program.

You should also inform the designated school official (DSO) at your current school of your intent to transfer so they can update their records accordingly.

It is important to note that there are specific timelines for transferring schools while on a F1 visa. You must initiate the transfer process before completing your current academic program or within 60 days after completion. If you fail to do so, you may be considered out-of-status and may face immigration consequences.

It is recommended that you consult with an international student advisor at both schools for guidance and assistance with the transfer process. Each school may have their own specific requirements and processes for transferring students.

For more information on transferring schools while on a F1 visa, you can visit the U.S Immigration and Customs Enforcement website or contact a United States Embassy or Consulate in your home country.

7. How can I maintain my status as a student on a F1 visa?


1. Attend school full-time: To maintain your F1 student status, you must enroll in and attend a full course of study each academic term. This means taking enough classes to meet the credit requirements of your program.

2. Keep a valid passport: Your passport must remain valid at all times during your stay in the US. If it is about to expire, you must renew it through your embassy or consulate.

3. Get a Form I-20 from your school: Your designated school official (DSO) will issue you a Form I-20, which serves as proof of your F1 student status. Make sure that the information on this form is accurate and update it if any changes occur (e.g., changing majors or transferring schools).

4. Maintain good academic standing: You are expected to make academic progress while studying in the US. This means passing all courses and maintaining a good GPA. Failing grades or dropping below a full course of study without permission can result in losing your F1 status.

5. Obtain work authorization if needed: As an international student on an F1 visa, you are limited in terms of working off-campus. You can only work up to 20 hours per week on-campus during the academic year and may be able to work full-time during official school breaks with prior authorization from your DSO.

6. Report any changes to your DSO: Your DSO serves as your primary point of contact for immigration matters while you are in the US. It is important to update them with any changes in your address, major, program length, or financial situation.

7. Have adequate health insurance coverage: All F1 students are required to have health insurance coverage for themselves and their dependents while studying in the US.

8. Obey immigration laws: It is essential to comply with all immigration laws and regulations while studying in the US. This includes keeping track of important documents like your passport and I-94 arrival/departure record, and not engaging in prohibited activities like overstaying your visa or working without authorization.

9. Apply for a timely program extension: If you need more time to complete your program, you must obtain permission from your DSO before the end date listed on your Form I-20.

10. Depart the US on time: After completing your studies, you have a 60-day grace period to depart the US. If you plan to continue studying or working in the US, you must obtain appropriate work or student visa status before the grace period ends.

8. What is SEVIS and how does it affect my F1 visa application?


SEVIS stands for Student and Exchange Visitor Information System. It is an internet-based system that maintains accurate and current information on international students (F and M visa holders) and exchange visitors (J visa holders) during their stay in the United States.

As part of the F1 visa application process, applicants are required to pay a SEVIS fee before their visa interview. This fee helps fund the administration and maintenance of the SEVIS system.

Once a student has been accepted by a SEVIS-certified school and has paid the SEVIS fee, the school will issue an I-20 form. This form contains important information about the student’s program, including start date, expected length of stay, and funding sources. The student must present this form at their visa interview as proof of enrollment at a SEVIS-certified institution.

During their stay in the United States, students must maintain their status by complying with SEVIS regulations, such as enrolling full-time in courses each semester, updating their current address and contact information within 10 days of any change, and reporting any changes to their program or academic status to their designated school official (DSO). Failure to comply with these requirements can result in termination of status.

Additionally, after receiving an F1 visa, students are required to enter the U.S. no more than 30 days prior to the start date listed on their I-20 form. Students should also keep all document copies related to SEVIS records throughout their time studying in the U.S., as they may need them for future immigration benefits or legal issues.

9. Can I bring my dependents with me on a F2 visa?


Yes, you can bring your dependents (spouse and/or unmarried children under the age of 21) with you on a F2 visa. They will need to apply for their own F2 visas and provide supporting documentation, such as proof of relationship and financial support, in order to join you in the United States. It is important to note that F2 visa holders are not allowed to work or attend school in the US unless they obtain their own appropriate visa status.

10. What is the difference between an F1 visa and an M1 visa? Which one should I apply for if I want to study in the US?


An F1 visa is a nonimmigrant student visa that allows international students to study at a US university or college for academic programs, while an M1 visa is also a nonimmigrant student visa that allows international students to attend vocational or technical schools in the US.

The main difference between an F1 and M1 visa is the type of educational institution you plan to attend. F1 visas are used for full-time academic studies, while M1 visas are used for non-academic or vocational studies. Additionally, F1 visa holders can engage in practical training and optional practical training after completing their studies, while M1 visa holders are not eligible for practical training.

If you plan to study at a university or college, you should apply for an F1 visa. If your program is more hands-on or vocational in nature, such as culinary school or beauty school, then you should apply for an M1 visa. It is important to choose the correct visa category as it cannot be changed once you enter the country.

11. Do I need insurance coverage while studying in the US on a F1 visa?


Yes, it is a requirement for all international students studying in the US on a F1 visa to have health insurance coverage. This is to ensure that students have access to affordable and comprehensive medical care during their stay in the US. Many universities and colleges offer their own student health insurance plans, but students are also allowed to purchase a plan from an outside provider as long as it meets the minimum requirements set by the US government. It is important for students to research and compare different insurance options to find the best fit for their needs and budget. Failure to maintain adequate health insurance coverage can result in consequences such as deportation or being unable to re-enter the US for future studies.

12. Is there a limit to how long I can stay in the US on a F1 visa?


As long as you are maintaining your status as a student, there is no limit to how long you can stay in the US on an F1 visa. However, you will need to periodically renew your visa and maintain valid immigration documents in order to remain in the country legally. Additionally, your length of stay may be limited by the expiration date listed on your I-20 form issued by your school.

13. Can International students get scholarships or financial aid to cover their tuition costs in the US?


Yes, international students can apply for scholarships and financial aid to help cover their tuition costs in the US. However, the availability of these options may vary depending on the school or program they are applying to. It is recommended that international students research and contact their desired schools for specific information on scholarship and financial aid opportunities available to them. Additionally, some organizations and governments also offer scholarships specifically for international students studying in the US.

14. Can I change my major or degree program while on a F1 visa?

Yes, you are allowed to change your major or degree program while on an F1 visa. However, you must inform your designated school official (DSO) at your school within 10 days of the change. You may also need to obtain a new I-20 form reflecting the change in program or major. It is important to obtain all necessary documentation and approvals before making any changes.

15. What happens if my program of study gets extended beyond the expiration date of my F1 visa?

If your program of study gets extended beyond the expiration date of your F1 visa, you will need to apply for a visa extension. You will also need to maintain full-time student status and have valid documentation throughout the duration of your program. It is recommended that you discuss this situation with your designated school official (DSO) or international student advisor to understand the specific requirements and steps for applying for a visa extension.

16. Are there any restrictions on working off-campus while on a F1 visa?


Yes, F1 visa holders are generally limited to working only on-campus during their first academic year. After the first year, they may apply for off-campus work authorization through Curricular Practical Training (CPT) or Optional Practical Training (OPT), but these opportunities must be directly related to their field of study and approved by their academic institution. Working for cash or performing unauthorized employment is strictly prohibited for F1 visa holders.

17. Can I travel outside of the US and re-enter without any issues while on a F1visa?


Yes, as long as your F1 visa is still valid, you can travel outside of the US and re-enter without any issues. It is important to make sure that your passport and visa do not expire while you are outside of the US. Additionally, you will need to have all necessary documents, such as a valid I-20 form and financial support information, ready for presenting to the border officer upon re-entry.

18.Can international students work as teaching assistants or research assistants at their university while studying in the US?

Yes, international students can work as teaching assistants or research assistants at their university while studying in the US. However, they may need to obtain permission from their university and/or the appropriate government agency before beginning work. They also need to make sure any work is within the limits of their student visa and does not interfere with their academic responsibilities. It is important for international students to consult with their university’s international student office and follow the guidelines for on-campus employment.

19.What happens if my application for an extension of stay is denied by USCIS?

If your application for an extension of stay is denied by USCIS, you may be required to leave the United States immediately. If you do not leave the country, you may be considered unlawfully present and could face penalties such as being barred from re-entering the US for a certain period of time or being placed in removal proceedings. It is important to follow all immigration laws and regulations and to comply with any decisions made by USCIS. You may also have the option to file an appeal or a motion to reopen or reconsider the decision. It is recommended that you consult with an immigration lawyer for guidance on next steps.

20.How can an immigration lawyer help with my F- 21.Can international students own businesses or start their own companies while on a F1 visa?


1. An immigration lawyer can assist with obtaining a visa by evaluating your eligibility, preparing all necessary documentation, and advocating on your behalf during the application process.

2. Some advantages of hiring an immigration lawyer include their legal expertise and knowledge of complex immigration laws, potential language barrier assistance, and personalized guidance tailored to your specific situation.

3. The cost of hiring an immigration lawyer will depend on the type of service you require and the complexity of your case. Generally, some lawyers offer flat fees for certain services, while others charge hourly rates.

4. An F1 visa is a non-immigrant student visa that allows foreign nationals to study in the United States at accredited academic institutions or language training programs.

5. Yes, international students are allowed to work in the United States under certain circumstances with an F1 visa. This includes on-campus employment, curricular practical training (CPT), and optional practical training (OPT).

6. The duration of status (D/S) for an F1 visa depends on the length of your program or course of study. Typically, it allows holders to stay in the country until they complete their studies or authorized practical training period.

7. CPT is a form of off-campus employment for F1 students who must participate in internships, cooperative education programs, or any other type of required practicum for academic credit as part of their degree program.

8. OPT is a temporary employment authorization granted to eligible F-1 students for up to 12 months after completing their degree program in the US.

9. An immigration lawyer can assist with obtaining work authorization by ensuring you meet eligibility requirements and preparing all necessary documentation for submission to USCIS.

10. If you fall out of status during your stay in the US due to failure to maintain proper visa requirements or other reasons, you may be able to apply for reinstatement through USCIS with the help of an immigration lawyer.

11. A website of the US government called Study in the States provides detailed information on obtaining an F1 visa, maintaining your status, and other important obligations for international students.

12. An immigration lawyer can assist with filing a change of status petition to switch from one non-immigrant visa category to another, such as transitioning from a tourist visa (B-2) to an F1 student visa.

13. Generally, you must have a valid passport at the time of applying for an F1 visa. Some exceptions may apply for citizens of certain countries participating in the Visa Waiver Program.

14. The process and timeline for obtaining an F1 visa will depend on factors such as your home country’s consulate processing times and any additional security checks that may be required.

15. After graduating with an F1 visa, international students have several options to continue staying in the US, including pursuing further education or applying for employment-based visas with the help of an immigration lawyer.

16. Yes, under certain circumstances, spouses and children may accompany or join individuals on their F1 visas by obtaining dependent visas (F2).

17. There is no limit to the number of times you can renew your F1 visa; however, it will depend on whether you continue to meet all eligibility requirements and maintain valid non-immigrant intent.

18. “D/S” stands for “duration of status,” which means that holders of an F1 visa are allowed to stay in the US until they finish their studies or authorized practical training period without a specific end date listed on their I-94 record.

19. Yes, if you transfer schools within the same degree level (e.g., bachelor’s to bachelor’s), you must inform USCIS by submitting Form I-539 along with supporting documentation and pay any required fees.

20. An immigration lawyer can represent you during any legal proceedings related to your immigration status and provide guidance regarding potential consequences of not complying with immigration laws.

21. Yes, under certain conditions and with the appropriate documentation and approvals, international students can own businesses or start their own companies while on an F1 visa. It is essential to consult with an immigration lawyer to ensure compliance with all relevant rules and regulations.