Student
Immigration

Attorney Goldberg Interviewed by NPR about Harder Restrictions for Student Visa Holders
Listen and Read HERE
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Common Questions

What are immigration options for students?
- Depending on your current U.S. immigration status, you may have a number of options. Typically, people come to the United States on the F-1 visa. Upon graduation, an employer offers the graduate a job, and the student changes status from F-1 to H-1b. From there,

What is the F-1 visa?
-  The F-1 Visa is issued to students of academic insitutions approved by U.S. immigration. You can only obtain the F-1 visa from a U.S. consulate abroad.

I'm already in the United States as a visitor. Can I stay longer in the U.S. if I want to study English or pursue a secondary degree?
- Typically, you cannot study in a college or univeristy if you entered on the B-1/B-2 tourist visa. You need to change your immigration status to F-1 student status if you intend to study in the U.S. Further complications arise in this process since the Trump adminisitration has taken a stricter position on the whole process for an individual to change status from B-1/B-2 to F-1. It is VERY IMPORTANT to speak to an attorney about this before making the change.

I am a student, and did not come to the United States with a visa. Is there anything I can do to get a work permit or become legal?
-For a person who entered without papers or without inspection by an immigration officer, the situation can be complicated. A possibility for a young person under the age of 18, may be Special Immigrant Juvenile Status, but we recommend contacting an attorney to further discuss.
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What do I need to prove in order to get the F-1 student visa or F-1 student status?
- There are several elements that need to be proved. Below is a short list, but depending on the case, immigration may require further evidence.

  • You must be enrolled in an "academic"     educational program, a language-training  program, or a vocational program
  • Your school must be approved by USCIS
  • You  must be enrolled as a full-time student at the    
    institution
  • You must be proficient in English or be enrolled in     courses leading to English proficiency
  • You must have sufficient funds available for  self-support during the entire proposed course of study
  • You must maintain a residence abroad which he/she has no intention of giving up.
How much do I need to study in order to qualify for the F-1 student visa or F-1 student status?
- You must be a full-time student in order to maintain legal immigration status. A full-time student schedule consists of 12 hours of class per week.

Am I allowed to work with my F-1 student visa?
- No. Students are  permitted to work on campus. However, F-1 students cannot work off campus, unless they receive special permission.

How long does OPT (Optional Practical Training) last?
- It depends. Students with science and engineering degrees may have up to 3 years of OPT, while most other students are eligible to work for 1 year under the OPT program.
Do you have more questions?
The Goldberg Law Office, PLLC is happy to help be your US Student Immigration Lawyer.