Sunday, February 12, 2012

Exchange Visitor Student : J-1 and Q Visas

The Immigration and Nationality Act (INA) provides two nonimmigrant visa categories for persons to participate in exchange visitor programs in the United States. The "J" visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs, and the "Q" visa is for international cultural exchange programs designated by the Immigration and Naturalization Service (INS).

Exchange Visitors in J-1 Status

An exchange visitor alien must be sponsored by a designated exchange visitor program. An exchange visitor program wishing to sponsor an alien issues that alien a Form DS-2019. Form DS-2019 is a three copy, color-coded form. Upon admission, the alien is given the pink copy noting admission. This copy may be used for subsequent admissions to the United States within the period the Form DS-2019 remains valid.

Types of J-1
  • Professors and research scholars
  • Short term scholars
  • Trainee
  • College and university students
  • Teachers
  • Secondary school students
  • Specialists: Persons with special skills coming to observe, consult or demonstrate
  • Alien Physicians
  • International visitors
  • Government visitors
  • Summer travel/work programs (discussed in more detail below)
  • Camp counselors:
  • Au Pairs    
  • visitor is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 212(j), and the alien spouse and minor children.

To qualify for J status the visitor must meet the following qualifications:
  • must have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend;
  • must have sufficient scholastic preparation to participate in the designated program, including knowledge of the English language, or the exchange program must be designed to accommodate non-English speaking participants;
  • must be coming under the "J" program for graduate medical education or training must meet certain special requirements. These requirements include passing the Foreign Medical Graduate Examination in Medical Sciences, demonstrating competency in English, being automatically subject to the two-year foreign residence requirement (after completion of their program), and being subject to time limits on the duration of their program. Physicians coming to the United States on exchange visitor programs for the purpose of observation, consultation, teaching, or conducting research in which there is little or no patient care are not subject to the above requirements; and
  • must present a Form IAP-66 Certificate of Eligibility for Exchange Visitor (J-1) Status prepared by a designated sponsoring organization.
Change of Status

J-1 visitors may apply for a change of status. The most frequents changes include: change to F-1/student status; B-1/B-2 visitor status; H-1B working visa. If the J-1 visitor fears to go back to his or her country due to persecution based on nationality, political opinion, membership in a social group, race or religion he/she may apply for political asylum in the United States .

M1 : Student Visa


M1 student visa details:
The M1 visa is suitable for foreign students wishing to attend a full vocational or non-academic course, other than language training, at colleges, universities, or conservatories in the United States . On M1 student visa, a person can remain in the country for one year or for as long as he or she is enrolled as a full time student in the course of study plus 30-days to prepare to leave the U.S.
The M-1 visa holders are able to apply for change or adjust status to other categories of US temporary visas. But, they cannot change to H-1B visa or F1 visa status if the employment offered is based on knowledge gained through studies while in M1 status.

One can enjoy the following privileges on an M-1 visa:
The M-1 visa holders can:
  • travel in and out of the U.S. (on short trips and return) or remain in the country continuously till the completion of their study program;
  • transfer from one college to another by notifying the alteration to the USCIS (US Citizenship and Immigration Services);
  • work lawfully on-campus on a part-time basis;
  • work lawfully off-campus on a project study that's related to their area of study; and
  • apply for a visa, commonly known as M2 visa, for family members accompanying them to the United States. The M2 visa is issued to the spouse and minor children (below age 21) of the M1 visa holders. These dependent visa holders can stay in the United States as long as the principal visa holder remains in legal status.
Documents required for applying M1 visa:

  • Original valid passport and any previous passports that are still in your possession;
  • Completed Form DS-156 (application for a nonimmigrant visa) and Form DS-158. All male students between 16-45 years have to also complete Form DS-157 (Supplemental Nonimmigrant Visa Application);
  • Recent passport-size photographs;
  • A police certificate;
  • Original Form I-20M-N issued by your intended school;
  • Permission letter from the school/college you plan to study in; and
  • Evidence of financial support .

F-1 : Academic Student

 Immigration and Naturalization Service (INS) has revised its F-1 regulations (which govern the admission of foreign students into the U.S.) several times. A lawful nonimmigrant in a status other than F-1 may or may not be permitted to engage in study depending upon the regulations governing her or his status and the facts of the case.

THE STATUTORY DEFINITION
A foreign student seeking to come to the U.S. for nonvocational study under the F-1 visa classification must satisfy each element of the statutory definition at INA §101(a)(15)(F):
  1. The alien must have a residence abroad that he or she has no intention of abandoning;
  2. The alien must be a bona fide student;
  3. The alien must be coming to the U.S. solely to pursue a full course of studies;
  4. The alien must be qualified to pursue a full course of studies;
  5. The alien must be seeking admission to the U.S. temporarily and solely to pursue those studies; and
  6. The school to which an alien seeking classification is destined must be among those authorized by the Attorney General.
Qualified dependents may accompany (or follow to join) the principal F-1 alien, in which case they are classified in F-2 status. A nonimmigrant student and the student's dependents also must be able to overcome the presumption of immigrant intent.

HOW TO OBTAIN A VISA
To obtain F-1 student status (and F-2 for accompanying spouse and unmarried minor children) a foreign student must present:
  1. SEVIS Form I-20 issued in his or her own name by a school approved by the Service for attendance by F-1 foreign students. (In the alternative, for a student seeking admission prior to August 1, 2003, the student may present a currently-valid Form I-20A-B/I-20ID, if that form was issued by the school prior to January 30, 2003);
  2. Presents documentary evidence of financial support; and
  3. Intends to enroll in the school indicated on the visa issued by the consul, if a visa is required, or intends to enroll in the school indicated on the I-20 if the student is exempt from the visa requirement.
When an alien is admitted initially as an F-1 student and presents a properly completed and executed SEVIS Form I-20 to the inspecting INS officer at a port of entry, the inspector writes the alien's I-94 arrival-departure number on the I-20 form and endorses all copies to indicate the alien's admission. The inspector will return the endorsed and completed I-20 ID to the alien, and will forward the I-20 school copy to the INS's data processing center.
A bona fide nonimmigrant, who entered the U.S. in other than F-1 status, may apply to the INS to change her or his classification to that of an F-1 student.


TRAVEL 
An F-1 student returning to the United States from a temporary absence of five months or less may be readmitted for attendance at a Service-approved educational institution, if the student presents:
  • (i) A current SEVIS Form I-20 (or, for readmission prior to August 1, 2003, a current Form I-20ID which was issued prior to January 30, 2003), properly endorsed by the DSO for reentry if there has been no substantive change to the most recent Form I-20 information; or
  • (ii) A new SEVIS Form I-20 (or, for readmission prior to August 1, 2003, a new Form I-20ID which was issued prior to January 30, 2003), if there has been a substantive change in the information on the student's most recent Form I-20 information, such as in the case of a student who has changed the major area of study, who intends to transfer to another Service approved institution or who has advanced to a higher level of study.
SCHOOL TRANSFER
A student who is maintaining status may transfer to another Service approved school. However, an F-1 student is not permitted to remain in the United States when transferring between schools or programs unless the student will begin classes at the transfer school or program within 5 months of transferring out of the current school or within 5 months of the program completion date on his or her current Form I-20, whichever is earlier.
If You need help Please contact law offices of Huma Kamgar, Attorney At Law, NYC
212-323-6887

B-1 / B-2 : Tourist / Business

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. The visitor visa is a nonimmigrant visa or a temporary visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2). Persons planning to travel to the U.S. for a different purpose, such as students, temporary workers, crewmen, journalists, etc, must apply for a different visa in the appropriate category. Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Program.

Qualifying for a Visa outside the United States
Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
  • The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
  • They plan to remain for a specific, limited period; and
  • They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.
 
Passing through a U.S. Port of Entry Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Citizenship and Immigration Service (CIS) has authority to deny admission. Also, the period for which the bearer of a visitor visa is authorized to remain in the United States is determined by the CIS, not the Department of State Consular Officer.
At the port of entry, a CIS official must authorize the traveler's admission to the U.S. At that time the CIS Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is stamped. Those visitors who wish to stay beyond the time indicated on their Form I-94 must request an extension of time.