A. There are three types of student visas: F-1 (academic); M-1 (vocational); and, J-1 (exchange visitor). The F-1 is used to attend traditional educational institutions such as high schools and universities. The M-1 visa is for vocational schools such as pilot training, hair dressing, interior decorating, etc. The J-1 is most often used for post-graduate training such as medical residency and PHD programs. Frequently these visas require the student to return home for two years before they can change to another visa category that permits them to work in the United States.
All student visa applications begin with the educational institution in the United States. The student has to apply for admission by submitting his/her transcript and letters of recommendation. Most universities also require the Scholastic Aptitude Test (SAT), which is given several times a year.
The SAT is a standardized test that is designed to help predict how well a student is likely to perform in university. It is particularly valuable when a student is coming from a non-American high school and cannot submit the last four years of high school transcripts. The scores range from 800-1600.
Aside from high school grades and the SAT score, universities also rely on extracurricular activities. They try to recruit students who could contribute to their athletic programs. They recruit students who excel in sports such as swimming, track and field, soccer, tennis, golf, volleyball, kayaking, etc. It is not unusual for a particularly good athlete to win a full scholarship.
Once a school finds a student academically qualified it then examines how a student will pay for his/her education. A student must generally submit a bank statement showing that he/she has enough funds in the bank for at least one year's expenses. Many times a student will get an affidavit of support from a sponsor in the United States who will pledge to support the student throughout his/her studies.
After a school finds a student qualified it will issue an I-20 form in the case of an F-1, an I-20M in the case of an M-1, or a DS-2019 in the case of a J-1. The student would then take this form and go to the Embassy to apply for the appropriate visa. The student has to complete the DS-156, which is the same form completed by all non-immigrant visa applicants.
In addition to the above documents the consular officer will want to see proof of finances, possibly CXC results, and SAT. Graduate applicants will have to produce the results of the Graduate Record Examination (GRE). If an officer is satisfied that the student is embarking on a legitimate course of study, as opposed to used a student visa as a pretext to spend a long period of time in the USA, the officer may issue a student visa.
The student visa applicant, like a visitor visa applicant, has to convince the officer that he/she will return upon expiry of his/her temporary stay. The officer will look for reasons for the person to return. Such reasons could include the promise of a good job at home, a good family business, or strong family ties.
Persons who seek to attend community colleges or lesser-known schools will have a higher burden. Similarly, persons who will be supported entirely by relatives in the Unites States might face a difficult hurdle. The officer will likely conclude that such persons have a weak tie to a foreign residence. Persons who have strong family ties such as a spouse, parents and siblings in the United States will have a particularly difficult time at the interview.
Successful student visa applicants may take their spouses and minor children to the United States as long as they can show that they are financially capable of supporting. The spouse and children may not work, but could legally attend school in the United States.
Student visa holders generally may not work while they are in school. However, graduate students may work as teaching assistants on campus with appropriate permission. Certain students may also get permission to participate in coop programs off campus. Most students will get permission to work for a year upon graduation in optional practical training.
Frequently, an employer who has hired a student on optional practical training would file a petition for the student to continue to work in the United States and to eventually obtain permanent residence. Whether a student qualifies for this type of visa will generally depend on the student's field of study.
Student visa applicants have to bear in mind that a student visa is for the limited purpose of attending school in the United States, with a requirement to return home upon graduation. It is a temporary visa. The moment a student stops attending school or falls below full-time status, he/she is in violation of student status. He or she is expected to return home upon graduation. If a consular officer finds that a student is not likely to return home the student visa will be refused.
Information on U.S. universities and application forms can be obtained on line.
Further information on student and exchange visitor visas can be obtained on the State Department website at www.travel.state.gov/visa.
Questions could be sent to Mr. Depoo via Kaieteur News, by fax in Guyana at 227-5109, in Trinidad at 868-628-9606, or by email at rdepoo@depoolaw.com. He responds to all emails.