Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. You must have a student visa to study in the United States. Your course of study and the type of school you plan to attend determine whether you need an F-1 visa or an M-1 visa.
The F-1 visa to enter the United States is for following:
- University or college
- High School
- Private elementary school
- Another academic institution, including a language training program
The M-1 visa is for vocational or other recognized nonacademic institution, other than a language training program.
Students cannot travel on the Visa Waiver Program or with Visitor Visas
Citizens of Visa Waiver Program (VWP) participating countries who intend to study cannot travel on the VWP or on visitor (B) visas, except to undertake recreational study as part of a tourist visit. Students must travel to the United States with student (F-1 or M-1) visas.
For short periods of recreational study, a Visitor (B) visa can be used
Enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate, is permitted on a visitor (B) visa.
Study leading to a U.S. conferred degree or certificate is not permitted on a visitor (B) visa, even if it is for a short duration. For example, distance learning which requires a period of time on the institution’s U.S. campus requires an F-1 visa.
Student Acceptance at a SEVP Approved School
Before you can apply at a U.S. Embassy or Consulate for an F or M student visa, you must first apply to and be accepted by a SEVP approved school. Visit the Department of State EducationUSA website to learn about educational opportunities for undergraduate and graduate study, opportunities for scholars, admissions, and more. You can also visit the DHS Study in the States school search page to search for SEVP-certified schools.
When you are accepted by the U.S. school you plan to attend, you will be enrolled in the Student and Exchange Visitor Information System (SEVIS). You must pay the SEVIS I-901 Fee. The U.S. school will provide you with a Form I-20 to present to the consular officer when you attend your visa interview. If your spouse and/or children intend to reside with you in the United States while you study, they must obtain individual Form I-20s, but they do not pay the SEVIS fee. Visit the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) website to learn more about SEVIS and the SEVIS I-901 Fee.
How to Apply
There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you intend to apply.
Schedule an Interview
While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.
- If you are age 13 and younger then an interview is generally not required;
- If you are age 14-79 then an interview is required (some exceptions for renewals)
- If you are 80 and older then an interview is generally not required.
New Students – F-1 and M-1 student visas can be issued up to 120 days in advance of your course of study start date. However, you will not be allowed to enter the United States in F-1 or M-1 status earlier than 30 days before your start date.
Continuing Students – May renew their visas at any time, as long as they have maintained student status and their SEVIS records are current. Continuing students may enter the United States at any time before their classes start.
For more information please contact our office now to set up an appointment with attorney Daniel Lenghea to determine the best cause of action.