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F-1 Student Visa

Steven Tuan Pham, Esq.

children in school

An alien who is going to pursue full-time academic studies in a college, university, seminary, conservatory, academic high school, private elementary schools, other academic institution, or language-training program in the U.S. can apply for an F-1 via with a U.S. consulate abroad.

What are the requirements for an F-1 Student Visa?

Applicants for F-1 Student visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visa applicant is an intending immigrant. Therefore, applicants for student visas must overcome the presumption by demonstrating that the purpose of their trip is to enter the U.S. to pursue a full course of study. In accordance with "Retention and Reporting of Information for F, J and M Non-immigrants; Student and Exchange Visitor Information System (SEVIS)", effective on January 1, 2003, an alien student may take the following steps to obtain an F-1 Visa:

  • Admission to an approved school: An alien first must apply to study at an approved school in the United States. When an alien contacts a school that he is interested in attending, usually, he will be told immediately if the school accepts foreign national students. In order to apply for an F-1 visa, the alien must be admitted by an approved school.
  • If the alien is admitted, the school will issue him a SEVIS Form I-20.
  • The next thing for the alien to do is to take the SEVIS Form I-20 to the appropriate U.S. Embassy or Consulate with jurisdiction over his place of permanent residence to apply for a student visa (F-1 visa). The alien student must satisfy two criteria: (a) He must prove that he has no immigration intent and his travel to the U.S. is purely for studies; and (b) he must also prove to the visa officer that he has the financial resources required for his education and stay in the United States. Proof of English proficiency may also be require (TOEFL or IELTS)

What documents and information are needed to apply for an F-1 visa?

Although each case is different, and the alien should contact Smith & Garg, LLC to consult with our experienced attorney, some of the basic documents include:

  • An application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. Some applicants will also be required to complete and sign Form DS-157. A separate form is needed for children, even if they are included in a parent's passport. Blank forms are available without charge at all U.S. consular offices and on the Visa Services website under Visa Application Forms.
  • A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;
  • Two Passport-type photos;
  • A SEVIS Form I-20 and Admission letter (obtained through a college or university in the U.S.);
  • Evidence of sufficient funds;
  • A nonrefundable US$100 application fee; and
  • Documentation showing financial resources.

If an alien applied for an F-1 Visa previously, but that was rejected, can such person reapply?

Once an alien has been denied by a U.S. consular abroad or by USCIS in the U.S, the person usually con petition for a review. Such alien should use this opportunity to send in new information and documents to prove that he/she is qualified. Although each application is different and should have special consideration by an experienced immigration attorney, the most common reason for a denial because the person lacked nonimmigrant intent. As stated above, the alien has the burden to overcome the presumption that she/he has immigrant intent. At Smith & Garg, LLC, we can assist you in identifying various proves and information to rebut the presumption. Additionally, even if the alien's request is denied, the alien (with the assistance of an immigration attorney) can still re-file a different petition. Each Consular Office has its own procedures. Some offices require a 90 days lapse from one application to the next, and some even require up to 180 days lapse.

If you need qualified legal assistance in obtaining an F-1 Student visa, contact the Houston Immigration Attorneys at Smith & Garg today! We are Immigration Attorneys Who Make Connections!