Study Abroad

VISA to The US

Persons intending to take courses of study of less than 18 hours a week may do so with a tourist visa; otherwise a student (either an "M-1" or "F-1" class) visa will be required.

There are two nonimmigrant visa categories for persons wishing to study in the United States (a nonimmigrant is someone admitted to the U.S. temporarily) :

• "F" visa : Includes academic students in colleges, universities, seminaries, conservatories, academic high schools, other academic Institutions, and in language training.
• "M" visa : Is for people wishing to pursue nonacademic or vocational studies.

Eligibility

To be eligible to apply for the F or M visas, you must intend to stay for a temporary period of time and have proof of compelling ties (social, family, economic, professional or other) to a residence outside the United States to which you will return after the visit. You must also meet the following criteria.

Acceptance

You must be accepted as a full-time student in a U.S. academic educational program, language-training program, or vocational program. The school must be approved by the U.S. Citizenship and Immigration Services (USCIS), and the school must send you a Form I-20 (which it receives from the USCIS

Financial Resources

You must 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 period of your study in the U.S. Specifically, you must prove that you 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.

Financial Resources is generally from the below sources

• Own Resource
• Sponsors - Parents, Friends and Relatives, Employer
• Educational Institutes
• Educational loan

In all the above the student will be asked to submit the proof of such resources and ability of the sources to meet the requirement.In cases of own resources to meet the expenses , the student must produce bank books and statements or other documents showing a total amount in your currency equal to the dollar cost of the first year, and evidence regarding sources of funds for subsequent years. In the case where the expense is proposed to be met by sponsor, an affidavit of support executed by the sponsor and sworn before a registered authority (a first class magistrate in India) must also be presented, along with financial evidence indicating the ability to carry out the undertaking. The sponsor should also provide evidence of current employment and income.

The U.S. Government regards Affidavits of support to be binding, legal documents that oblige the sponsor to be financially responsible for the student during his/her time in U.S.

English Language skills

You must possess required knowledge of English language to be able to pursue the study since the medium of education is English.

Proof of the same is generally established by the I-20 from the institution involved and the entries on the form.TOEFL or IELTS is a standard test to test the language skills and the students are required to clear the tests to establish the language skills.

Visa Application

You can apply at the US Embassy or Consulate with jurisdiction over your place of permanent residence. Although you may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside your country of permanent residence.

Documents required :

• Valid Passport.
• One Passport size photograph (In a specified format).
• A Non-immigrant Visa Application (Form 156) available from the Consular section.
• Other required forms. (Will depend on the country you apply from).
• Form I-20 executed by the authorizing official of institution concerned, signed by the applicant.
• Evidence of financial ability to cover the costs of the education and maintenance involved.
• Visa fee to (to be paid in the currency mentioned).
• Standard test scores for establishing language skills.
• Academic transcripts.
• Affidavits.
• Other documents Establishing ties to the home country.

When to apply

An applicant may apply for a student Visa not earlier than 90 days before the registration date specified on the FORM I-20. If the registration date is already passed or the applicant cannot reasonably expect to arrive at the school by the registration date, the applicant should obtain an amended I-20 or a letter of extension from the issuing institution stating by what date the applicant may arrive.

If your application is denied, you can ask the Consular Officer for a "written denial decision." This will provide you with the official reason for your visa denial.

Proof of Non-Immigrant Intent (Existence of permanent residence)

You should ideally prove to the Consular Official's satisfaction that the purpose of your coming to the U.S. is solely for study and that you will return to your home country upon completion of the study. Once you get the visa stamp on your passport you can apply for a multiple entry F-1 student visa to enable your travel between The US and your home country during the duration of your stay in the Unites States.

Some of the documents that generally reiterate your ties with your home country is given below :

1. Proof of land ownership.
2. If other family members have studied in the U.S. and returned it should be mentioned.
3. Letters from current or prospective employers.

You will also have to explain whether equivalent programs are available in the home country and if yes, the reason for not enrolling for the same in the home country

Student Visa Violation

An F-1 student who violates a term or condition of status is inadmissible for U.S. entry until having been outside the United States for a continuous period of 5 years after the date of the violation.

Duration of stay with F -1 Student Visa

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. M-1 student - An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.

Even if your visa expires you can continue to stay in the US as along as you are a full time student. 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 in the home country.

Stay beyond Your Authorized Period of stay

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 visas in the future for return travel to the U.S. Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized results in your visa being automatically void. You will have to reapply for a new nonimmigrant visa.

 For non immigrants 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.

Visa Denied and Re-Appeal

It is important for you to prove that you will return to your home country. This point and the documents that generally help substantiate this have already been detailed in paragraphs above.Even if the Visa is denied you can re appeal if you can show further convincing evidence of ties outside the United States. Immigration law delegates the responsibility for issuing or refusing a visa to consular officers overseas. They have the final say on all visa cases. The U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, not the determination of facts. The determination of whether you possess the required residence abroad is a factual one. Therefore, it falls exclusively within the authority of consular officers to resolve. You can influence the consular office to change a prior visa denial only through the presentation of new convincing evidence of strong ties that substantiate the fact that you intend to return to your home country post your studies.