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F1 student visa - NYC attorney

The F non-immigrant class applies to the principal applicant, and he or she is admitted in F-1 status, while a spouse and children are admitted in F-2 status.

Basically, to qualify as a non-immigrant student, you must be able to demonstrate the following to the satisfaction of the U.S.consular officer, by providing adequate evidence and documentation -

(a) That you have a residence in a foreign country which you have no intention of abandoning.

(b) That you are a bona fide student qualified to pursue a full course of study in the U.S.

(c) That you seek to enter the U.S. temporarily for the purpose of pursuing such a course of study at an established institution of learning in the U.S.

(d) That you will in fact engage in a "full course of study" in the U.S.

(e) That you are enrolled in an "academic" education program, not a vocational type program.

(f) That you have sufficient money or financial support for at least the first year so that you will not have to engage in employment in the U.S.

Evidence of this consists of bank statements or approved financial aid which prove the availability of sufficient funding to meet expenses for at least the first year of study. Funds derived from sources such as fellowships or work study programs from the U.S. school, scholarship or assistant grants, such as research projects or lecturing or performance of other academic functions are acceptable.

(g) That you will be able to understand the English language well enough as to be able to carry out your studies,

(h) That you intend to leave the U.S. upon completion of your course of study. Prior to applying for an F-1 visa, the applicant must have first applied to and been accepted by an "accredited" school in the U.S.which is approved by the U.S.Attorney General for foreign student attendance. Examples of qualified schools include any Federal, State or local educational institutions, schools listed in the U.S.Department of Education publications, or a secondary school operated by a college or university listed in said publications.

The F-1 visa request is filed by the student at the U.S.embassy or consulate closest to his or her residence.

The main basis on which many student visa applications are denied is the lack of conviction on the part of the consular officer that the prospective student, if given admission into the U.S., will leave the U.S.upon completion of his or her stated course of study, and that he or she will not, instead seek employment and remain permanently in the U.S. thereafter.

Therefore the applicant must be well prepared to present substantial evidence to the consular officer demonstrating the intention to return to the home country, eg. evidence of ties to the home country, or availability of employment in the home country in the field of the applicant's intended specialization.     

F-1 visa holders can seek employment if the following conditions are met -

(a) The student has maintained F-1 status for at least one year.

(b) The student has maintained an acceptable academic standing.

(c) The student will not work for more than 20 hours during the school year (full-time work is allowed during vacation periods).

After the course of study is completed, the F-1 visa holder is giver 60 days to leave the U.S.