Visa's
The F-1 or J-1 visa stamp in your passport is permission to apply to enter the United States in that visa category...
What is a visa?
The F-1 or J-1 visa stamp in your passport is permission to apply to enter the United States in that visa category. Although your passport and I-20 or DS-2019 must remain valid while you are in the U.S., your visa need not remain valid once you have used it to enter the U.S. If your visa expires while you are in the U.S. and/or its number of entries has been used, or if you have changed your nonimmigrant status while in the U.S., the next time you travel abroad you must obtain a new visa in the proper category in order to be readmitted to the U.S. Visas can only be obtained outside of the U.S. at a U.S. consulate.
Apply for the visa at a U.S. consulate in your home country, unless circumstances or travel plans make this impossible, and allow ample time for the application process. U.S. consulates require in-person interviews for most visa applicants. You are encour-aged to schedule the visa interview appointment as early as possible. The U.S. De-partment of State maintains an excellent website on the visa application process, and you should study it carefully. You can also find information about how long it will take to get your visa. Students applying for initial-entry F-1 and F-2 visas may be issued the visas up to 120 days before the academic program start date as noted on the I-20.
Visa processing delays may occur due to enhanced security reviews that take into ac-count your field of study, country of origin, and likelihood of returning home after com-pletion of studies.
If you are denied the visa, ask the officer for a list of documents he or she would sug-gest you bring the next time you apply, and try to get the reason you were denied in writing. Maintain a positive attitude! Do not engage the consular officer in an argument.
Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
- You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status. Additional information on successfully maintaining your immigration status while a student or exchange visitor can be found on the Immigration and Customs Enforcement (ICE) website.
- Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.
- Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.
- For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.
Students Away from Classes More Than Five Months
Students in or outside the U.S., who have been away from classes for more than five months, will likely need a new visa to enter the U.S.How long may I stay on my F-1 student visa?When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:
- F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.
- As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2001, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2001 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one before being able to return to America and resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate abroad.