Student Visas
The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is for academic studies, and the "M" visa is for nonacademic or vocational studies.
BACKGROUND REQUIREMENTS
Scholastic Preparation
The student visa applicant must have successfully completed a course of study normally required for enrollment. The student, unless coming to participate exclusively in an English language training program, must either be sufficiently proficient in English to pursue the intended course of study, or the school must have made special arrangements for English language courses or teach the course in the student's native language.
Financial Resources
Applicants must also prove that
sufficient funds are or will be available from an identified and reliable financial source to defray all living and school expenses during the entire period of anticipated study in the United States. Specifically, F-1 student applicants must prove they have enough readily available funds to meet all expenses for the first year of study, and that adequate funds will be available for each subsequent year of study. The M-1 student visa applicants must have evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of intended stay.
Acceptance Form An applicant coming to the United States to study must be accepted for a full course of study by an educational institution approved by the United States Citizenship and Immigration Services (USCIS). The institution must provide the student with Form I-20A-B, the Certificate of Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language Students. The nonacademic or vocational institution must provide the student with Form I-20M-N, the Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students. Educational institutions obtain Forms I-20A-B and I-20M-N from the USCIS.
Nonimmigrant Status
Student visa applicants must establish to the satisfaction of the consular officer that they have binding ties to a residence in a foreign country that they have no intention of abandoning, and that they will depart the United States when they have completed their studies. They should therefore bring evidence of strong and compelling ties to Romania or a third country that will cause them to leave the U.S. at the end of their studies. It is impossible to specify the exact form the evidence should take, since applicants' circumstances vary greatly.
At the visa interview, consular officers try to determine that an applicant has adequate funds to avoid unlawful employment while in the United States, a credible support arrangement for himself while in the United States, specific and realistic travel plans, strong ties abroad, and credible support arrangements for his family living in Romania.
APPLYING FOR A STUDENT VISA
U.S. immigration regulations do not permit F or M student visa applicants to receive a student visa more than 90 days before their program starts if they are beginning a new course of study. Applicants who are renewing F student visas may obtain their visa more than 90 days in advance of renewing their studies.
All student visa applicants must use the appointment system. Individuals renewing F category student visas can present themselves for an interview on any consulate business day (Monday - Thursday) at 9:00 a.m. without waiting for their appointment. These individuals should bring the passport containing their last student-category visa (F-1 or F-2) and a valid Form I-20 for the primary and any dependent family members. We recommend that applicants appear at that appointment time if at all possible. If too many applicants appear at 9:00 a.m. on a particular day, some may be turned away and asked to return another day.
New SEVIS Requirements:
Persons applying for F, J, and M visas with the initial I-20 or DS-2019 forms issued on or after September 1, 2004 will require payment of SEVIS fee, also known as the "SEVIS I-901 fee" before making a visa application.
Schools and exchange programs will also be encouraged to provide Form I-901 to their students and participants. DHS has provided students and exchange visitors two different methods for paying the fee:
(1) With the credit card (VISA, MasterCard or American Express) via the Internet site
http://www.fmjfee.com
(2) With a U.S dollar check or International money order mailed to the lockbox address in the United States
Certain short-term exchange visitors (au pair, summer work/travel and camp counselors) will pay a reduced fee, $35.
Only principal applicants pay the SEVIS fee prior to visa issuance - F2, J-2 and M2 derivatives do not pay.
When applicants go to the Consulate for the visa, they should bring the receipt or their I-797 to prove you have paid the SEVIS fee.
At the visa interview, a student visa applicant must present the following:
a fully completed, signed DS-156 application form for each applicant (including children);
a completed DS-157 if the applicant is a male between 16 and 45 years of age;
a fully completed DS-158 application form for each applicant (including children);
for Romanians, a currently valid passport that will be valid for the duration of the applicant's stay in the U.S. Citizens of some other countries must submit a passport valid for at least six months after the date on which the applicant plans to depart the U.S. (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
receipts (both the original hand and computer receipts) from the Banca Transilvania for the $100 application fee for each person (including children);
a passport-type photograph (see photo requirements -
Adobe Acrobat .pdf (25 Kb) or
Microsoft Word.doc (112 Kb) - for specifications).
Form I-20 (for F-1 applicants) or Form I-20M (for M-1 applicants) and an original letter of acceptance sent by the school; and
proof of ability to pay for the study program in the United States.
U.S. PORT OF ENTRY
U.S. immigration regulations permit students beginning a new program to enter the U.S. no more than 30 days before their program starts. Applicants who are continuing their studies in the United States may enter the U.S. more than 30 days before the start of their next school term.
IN THE UNITED STATES
EmploymentAn F-1 student may not accept off-campus employment at any time during the first year of study. However, the USCIS may grant permission to accept off-campus employment after one year. F-1 students may accept on-campus employment from the school without USCIS permission. Except for temporary employment for practical training, an M-1 student may not accept employment.
Family MembersSpouses and unmarried minor children may obtain nonimmigrant visas to accompany or follow the student. Each family member must obtain their own Form I-20 or I-20M from the school, and meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the student's program ends. Spouses and children of students may not accept employment at any time. School-age minor children may attend public schools on F-2 or M-2 status, and are required to attend school if residing in the United States.
Student Exchange and Visitor Information System (SEVIS) RequirementsThe original Form I-20 or I-20M provided to the student by the school will include a SEVIS number identifying the student (or spouse or child of the student) for immigration tracking purposes during the course of the person's stay in the United States. While in the United States, persons in F or M status must report any change in their student status to the USCIS through the school where they are enrolled.
ADDITIONAL INFORMATION
Questions on how to obtain Forms I-20A-B and I-20M-N should be made to the educational institution. If the institution does not have the forms, it needs to contact the local USCIS office.
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