Consult with An Experienced Student Visa Attorney in Los Angeles

The United States is known for its vast college programs and alluring possibilities of professional and personal growth. With nearly 50% of the world’s leading colleges and universities in the U.S., it is no surprise that students want to apply for an F-1 or M-1 visa. Immigration law allows non-natives to apply and pursue an education upon approval from the USCIS (U.S. Citizenship and Immigration Services). However, all schools must be a part of a pre-approved list before enrolling a foreign national for the semester.

The COVID-19 pandemic has shifted the student visa process and school enrollments across the country. Before getting started, we strongly encourage applicants to get legal immigration help in Los Angeles. Although the country is starting to open again, you might benefit from applying overseas in preparation for what is to come. In this article, we discuss the differences between the two student visa classifications. We also review the application processes and what to expect post-pandemic.

F-1 Student Visa

The F-1 Visa (Academic Student) allows non-citizens to enter the U.S. as a full-time student at the following institutions:

• College
• University
• Seminary
• Conservatory
• Academic high school
• Elementary school
• Language training program
• Other academic institutions

Applicants must be enrolled and on a set path to end their course of study with a certificate or degree. It is vital that the school you join is authorized by the U.S. government and accepts foreign students. However, those who obtain an F-1 visa cannot work off-campus during the first academic year. You might be able to accept federal work-study as an undergraduate or graduate student but be wary of the conditions and restrictions.

A visa attorney in Los Angeles can determine whether you are eligible to work off-campus depending on your case. Those under extraordinary circumstances, such as economic hardship, will get approved for jobs outside of Curricular Practical Training (CPT), Optional Practical Training (OPT), and STEM Optional Practical Training Extension (OPT). Examples include:

• Loss of financial aid or on-campus employment due to external circumstances
• Sudden changes in your financial condition or support
• Significant changes in currency value and exchange rates
• Increase intuition or living expenses
• Medical bills from an accident or

Any off-campus training for F-1 or M-1 employment should be related to your area of study. A school official who oversees the Student and Exchange Visitor Information System (SEVIS) must approve before you can start working according to the USCIS.

M-1 Student Visa

The M-1 Visa (Vocational Student) is granted to someone that wants to do a non-academic or vocational course. Unlike F-1 students, M-1 students can participate in practical training after completing their studies. However, you can only take part in the program for one year before returning to your country. M-1 visa holders cannot extend their visas the way a University student may be able to. If you need to amend your application or believe you might have to request another to extend your stay in the U.S., consult with a visa lawyer for non-immigrants in LA especially if you are applying overseas. Entrusting an attorney who is well versed in the policy will make a difference in the long run.

What Should You Know Before the Visa Application?

Taking this on, on your own can be overwhelming. If you want to pursue your education in California, or have a relative in the Los Angeles area, make sure to have an F-1 or M-1 visa lawyer on your side. Why? You will not be able to start the visa application process until you get admitted to a school that received U.S. government approval. In other words, it should have a Student and Exchange Visitor Program certification to accept international students. Once accepted, the school or university will start the process to establish you will attend. For instance, they may ask you to make a deposit or send Form I-20 Certificate of Eligibility through its online SEVIS (at no cost to you).

While you may look forward to coming to the U.S., a visa lawyer in LA would strongly encourage you to start contacting schools a year before starting your bachelor’s or graduate programs. Colleges vary drastically from vocational schools, as they take less time to gain admission to and may not require four years of study. If you have dependents (spouse or children), you should consider applying for a temporary F-2 or M-2 visa on their behalf. Keep in mind that international students can only attend private schools or public colleges and universities. If you have kids who need to get admitted to a school program upon arrival to the U.S. Unless you obtain a green card, you or your children (if applicable) can only attend public for one year before having to pay a fee.

Form I-20 is an integral part of your visa application. Immigration officials will want to see the original copy, although it is available online through the SEVIS system. Because you are applying abroad, you can apply for this visa up to 120 days before the start date specified on the Form.

Contact Your Local U.S. Consulate

You will apply for your student visa at the U.S. embassy or consulate. You should be able to locate one near your country’s capital city. In certain countries, you may be able to go straight to the consulate to present your application. If all goes well, you can receive your visa within a day. If not, it might take several days or weeks for officials to decide. When in doubt, refer to your local U.S. consulate regarding their procedures, as it varies from the U.S.

Preparing Application Forms and Documents

We break down what you will need to do for your visa application and interview (outside of Form I-20).

• Fill out State Department Form DS-160 online.
• Make sure your passport is updated for travel to the U.S., with an expiration date six months past your period of stay. And have a two-inch-by-two-inch portrait photograph (passport-style).
• Have a receipt indicating you paid the visa application fee and reciprocity fee (if relevant).
• An additional receipt indicating the SEVIS 1-901 fee has been paid.
• Proof that you required academic credentials from schools you attended, including scores from standardized tests like the SAT, GRE, or GMAT.
• Financial evidence indicating you have enough financial support to cover tuition and living expenses (especially spouse and child expenses, if applicable) during your period of stay in the U.S. It is expected that you can live comfortably without having to find employment. Immigration officials will request bank statements, stock certificates, a list of assets, or related evidence. They can also refer to Form I-134, which lists information regarding family support, scholarships, fellowships, etc.
• Documentation that shows when you will return home at the end of your stay. It can be a copy of your home title or rental agreement. However, if you are leaving your family in the country you reside in, we advise you to bring a copy of your marriage and birth certificates.

The Visa Interview

The final step in the F-1 or M-1 visa process is a personal interview at a U.S. consulate. The interview is a crucial process. You will be assessed on your ability to speak and understand English, for example, before you are approved to study in America. If you have a relative living in California, you might be able to inquire about information about the process with a non-immigrant visa lawyer in LA.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have been able to adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.