Student Visas 101

The US immigration system is ridiculously inefficient, slow, and complicated process. If you are going through anything with immigration, you should always, always check with an immigration lawyer (not a notorio, a lawyer) and, if the contradict anything I say here, GO WITH THEIR ADVICE.

One of the reasons immigration policy is complicated in the United States is that there’s bewildering number of categories, and in lots of cases, you can’t just look at someone’s passport to know if they are here legally. Part of this is simply because there are so many visa categories one can apply for (here’s the US non-immigrant (not meaning to stay here permanently) categories) but also because there can be wide variety within visa classes themselves.

Long before I became a professor, I worked at in a university’s international student and scholars office. This was not too long after 9/11; when I first started, male students from certain Muslim majority countries had to enter the US at specially designated airports (in case you want to figure out my age). But this was my introduction to the US immigration system and it was a baptism by fire. (Un)fortunately,  Trump’s recent executive order canceling all student visa interviews gives me a good chance to relive those days. (Note: interviews have resumed but fewer visas than normal are being issued).

First, in order to enter the US, all students need a valid visa (except Canada, but … well, they have their own issues with the US). Typically, if you are a student, you are entering under an M, F1, or J1 visa. All of these visas have different rules, costs, and limits. You apply directly to the schools you want to attend like any other college student. The schools that have admitted you enter your information into SEVIS, and then they send you the documents needed; in the case of an F1 student, it’s an I20, J1 is a DS 2019. (NOTE: the 1 means you are the primary visa holder. 2, means you are a dependent. Also, only some people on a J1 are students or researchers; there’s a lot of other groups in this category. J1 visitors are also subject to bars, meaning that in some cases they must return home and cannot re-enter the US for a certain amount of time unless they receive a waiver).

Once you decide what program to go to, you take that form, shred the others, and pay the I-901 fee that supports SEVIS, then you can apply for your visa… appointment.  The fee is $350 for F1/M1, $220 for J1 at the time of writing and you get to fill out another form.  When will your appointment be? Depends. You can check the wait here.

You bring all of your stuff to the interview, where they will decide the parameters of your visa stamp. Now this is where it gets confusing, because that stamp they will put in your passport is only for entry. Some visas have multiple entries, some only give you 1 entry at the beginning of your program, some are valid for 10 years and you can come and go many times. But you only need that visa stamp to seek entry to the US.

Typically, they are looking for proof that you can support yourself financially while in the United States and that you have substantial ties to your home country. As a student visa is a non-immigrant visa, you are expected to return home; the more ties you have with your home country (or the richer your country is) the easier it is to get a visa.

 Once you make it in, you’re put in the I-94 system with a status expiration of d/s which means you get to stay for the “duration of status”; as long as you abide by the rules, you are good. If you want to leave and renter, you’ll need a valid visa stamp; if you want to change your status you will either have to leave the US and apply at an embassy again, or, if the visa category allows it, go through USCIS while in the country. 

IMPORTANT NOTE: 

That visa isn’t really for entry; rather it’s permission to present yourself at a port of entry and ask DHS/CBP to let you in. So State issues a visa, but it’s up to DHS/CBP to let you in. And either employee can deny you. That’s right. You can get your visa, show up at the port of entry, and the CBP agent doesn’t like the cut of your jibe and, bam, you’re back on a plane home. With the visa, they will tell you what part of the law  you violated, but it’s been my understanding that CBP can be maddeningly vague.

Now that you know the difference between a visa and immigration status, you might still wonder where the executive order would leave students. If the administration stops interviews again, here’s how the impact breaks down:

1. New students that are non-Canadians are stuck- they can’t get visas and seek entry.
2. Current students in the US- they are fine as long as they maintain their status and can resume/continue study.
3. Current students outside of the US with a valid visa stamp with remaining entries- they can seek re-entry (which, remember, can be denied for any and/or no reason).
4. Current students outside of the US with no additional entries or an expired visa stamp- they are stuck until interviews open again.

And no, you can’t just enter on a tourist visa and then “switch” to a student visa. You can’t switch off a tourist visa, and you must enter under the visa that matches your status. If you enter as a student, then want to work full time or marry a US citizen, you’d have to file for a change of status which is a whole different thing with different rules depending on your current status and what status you would be switching to.

Yale’s got a pretty good site if you want to learn more or have some visuals. But remember, visas=/= status– at least in this specific case.

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If you are reading this and responsible for planning academic conferences, be aware you’re now fully entering a Catch 22; if you have them in the US, lots of people can’t get visas to come here, but if you have them outside the US, US based international students *can’t leave* and be able to come back.

Finally, if you are thinking this isn’t that complex, note we’re only talking about 2 and ¼ ish non-immigrant categories. Despite knowing all of the above (and more), I don’t really know much about, say, J visas for not education purposes, and really nothing about Ms. And for me, I think that’s a really, really good reason why deputizing National Guard folks or even LEOs to enforce immigration is a really bad idea.