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.

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