F1 Student Visa
F1 Student Visa
About the Visa
The purpose of the F1 student visa is to allow foreign students to study in the United States and experience an understanding of the US educational system and cultural interests. Students wishing to study in the United States should apply for the F1 visa, and they should apply for an F2 visa if they have any dependents or spouses.
Students must apply to an institution that participates in the Student Exchange Visitor (SEV) program. This institution will typically have an international office that manages the student’s information.
Process
- Step 1: Student applies for an institution approved by the USCIS (exchanges.state.gov)
- Step 2: Student completes Form I-20 sent by the institution
- Step 3: The student applies for an F1 visa at the US consulate in his or her country of residence
*application for dependents may be done at the same time or following issuance of the visa
- Step 4: Upon entry to the United States, the student must meet several requirements, including accurate compliance with the entry date and proper documentation from the University. The student may enter at most 30 days ahead of the start date of the program. Duration of the F1 visa depends on the duration of the course of study.
Any change in status such as leave of absence, change of course load, or program end date must be communicated with the international office at the university.
Employment Restrictions
There are strict limitations on employment under the F-1 visa. Spouses and children of F-1 visa holders cannot work. Many students experience difficulties due to minor violations under the F-1 visa or a lack of understanding of what type of work is acceptable under the visa. Violation of these limitations could result in losing the visa and possible deportation. Reinstatement is, however, possible under certain circumstances.
If you are considering an F-1 visa or find yourself in violation of the visa requirements, schedule a consultation today at (713) 909-0752, schedule a consultation at Calendly – nsimmigrationlawfirm or email at admin@nslawpllc.com and we can navigate you through the process.
The B1 & B2 visas are issued for a temporary period. Both visas can only be used for certain purposes.
Allowed Activities
Under the B1- Business Visa, the visitor may consult with businesses, negotiate contracts, settle an inheritance, or attend a business or educational conference. Similarly, for the B2 Tourism Visa, the visitor may conduct tourism or vacation activities, visit with family or friends, or enroll in a short recreational study (not intended for college credit).
Prohibited Activities for B1 & B2 Nonimmigrant Visas
Neither visa allows activities such as studying, employment, or paid performances. It is very important to be truthful regarding the intent of your visit to the United States since both visas are issued for a temporary time. If the interviewing officer suspects that the visitor intends to stay in the United States longer than the allotted time, the officer will likely deny your entry.
Extensions for B1 & B2 Nonimmigrant Visas
You may be granted an extension to stay and continue participating in the allowed activities above. In order to apply for an extension, you must file a Form I-539 at least 45 days before the expiration of your stay. The extension may be granted if you meet the following criteria:
- Nonimmigrant status is current and valid
- You have not committed crimes that make you ineligible for a visa
- You have not violated the conditions of your admission
- Your passport has not expired and will remain valid throughout the duration of your stay
In addition to the form, you must submit a written statement explaining in detail the reason for your extensions and outlining arrangements you have made to depart the United States once the extension period ends. Extensions are granted for a maximum additional period of six months.
For assistance with filing an B1 & B2 Nonimmigrant Visas application or extension, call us today at (713) 909 0752, schedule a consultation at Calendly – nsimmigrationlawfirm, or email at admin@nslawpllc.com to set up a consultation.
Asylum is a very challenging form of humanitarian relief. Eligibility for asylum application can change often and even if the applicant meets all the requirements, the decision to grant asylum is discretionary. This means that the judge can deny the petitioner due to a number of reasons beyond the application.
It is generally preferred to apply for asylum affirmatively rather than defensively (before a deportation notice). With few exceptions, applications for asylum must be submitted within one year of entering the United States.
In order to be eligible for asylum, the applicant must prove several points. The applicant must demonstrate three main items: (1) he or she suffered persecution (2) on account of (3) a protected ground.
Persecution:
Persecution means the infliction of harm or suffering. This harm can be physical, psychological or economic. Not all harm rises to the level of persecution. Even if past persecution is proven, the application may still be denied if there has been a fundamental change in circumstance in the applicant’s home country. For example, the persecutor was removed or laws changed to protect the applicant from the harm suffered.
Nexus:
The harm suffered has to be directly related to, or on account of, the protected grounds listed above.
Protected ground:
Protected grounds include (a) race (b) religion (c) nationality (d) political opinion (e) membership in a particular social group. Of all the protected grounds, membership in a particular social group is the most complex.
Membership is generally defined as (a) members sharing a common immutable characteristic (b) defined with particularity (c) socially distinct within the society in question. Many fail to show they meet this protected ground category on an asylum application because they are unable to show immutable characteristics.
Recent changes in the law have made it very challenging for those fleeing gang- based violence to file an asylum application in the United States. If you believe you are eligible for asylum, NS Law Firm can help with your petition! Call us today at (713) 909 0752 or email at admin@nslawpllc.com to set up a consultation.