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Student Visa

Helping Foreign Students Attend U.S. Universities

If you’re a foreign national looking to study in the United States, obtaining a student visa is your first step. There are several student visa categories, includingF-1, J-1, and M-1, each with specific requirements. Despite their differences, the principles for obtaining and maintaining student status are similar. At Lady Liberty Lawyers, we’re here to guide you through each step of the process, ensuring you can focus on your studies with peace of mind.

Understanding Student Visas

Student visas allow you to stay in the U.S. while you study at a university. Unlike other types of visas, student visas last as long as your academic program. To apply for a student visa, you first need to be accepted by a U.S. university and receive a Form I-20, which is a document from the school proving your admission. If you’re already in the U.S. on a different visa and want to switch to a student visa, you’ll need to follow specific steps. We can help you complete the application process correctly and avoid common pitfalls.

Optional Practical Training

After completing your studies, you may be eligible for up to one year of Optional Practical Training (OPT). This allows you to gain practical work experience in your field. OPT must be applied for before finishing your degree program, and you’ll need an employment authorization card to begin working. OPT provides a valuable opportunity to apply your academic knowledge in a real-world setting, bridging the gap between education and employment.

Dependents

F-2 dependents, such as spouses and children, have limited benefits. They are not authorized to work or enroll as full-time students in college or university. However, F-2dependents can enroll in elementary and secondary schools, as well as participate in vocational and recreational studies. Understanding these limitations is crucial to planning your family’s experience in the U.S.

SEVIS Obligations

U.S. schools have strict obligations to report on their international students' status. The Student and Exchange Visitor Information System (SEVIS) requires schools to report if a student fails to maintain their status or completes their program. Schools must also verify student enrollment each semester and report changes in status, such as dropping below a full course load. Staying in compliance with SEVIS is essential to maintaining your student status.

Reinstatement of Student Status

If you fall out of "student status" for any reason, you have up to five months to apply for reinstatement. After this period, you must demonstrate that exceptional circumstances prevented timely filing, such as a severe illness.

In your reinstatement application, you must prove one of the following:

  • The status violation was not willful.
  • The violation resulted from circumstances beyond your control.
  • The violation is related to an approved reduction in your course load.
  • Failure to reinstate would cause extreme hardship.

Navigating reinstatement can be challenging, but with the assistance of a student visa attorney, you can build a strong case to support your application. We can help you present your case effectively.

Grace Period

After completing your studies, you have a 60-day grace period to begin authorized practical training, change your status, or leave the U.S. It’s essential to take action within this timeframe to avoid complications. Our attorneys can guide you through this transition, ensuring you comply with all legal requirements and explore available opportunities.

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