An F1 student visa allows a foreign national to come to the U.S. for the sole purpose of studying. It is considered a non-immigrant visa because the student is only allowed to stay in the U.S. during the length of his studies, and not any longer (so he is not an “immigrant”). Since 2001 and the attack on the U.S. by terrorists, foreign national students have met more scrutiny in the application process because some of the terrorists were in fact in the U.S. on F-1 student visas.
Honesty is the Best Policy
In order to maintain legal status with an F-1 student visa, it is critical that a foreign national is honest. For example, even before a student has chosen a school, he can visit the U.S. on a B-2 visa to look at schools he might want to attend. In the application process though for his B-2 visa, if he isn’t honest about his intention to look at schools and then later files for an F-1 student visa, U.S. immigration officials may suspect that he was not honest in his earlier application for the B-2 visa and they may deny the F1 student visa based on that suspicion.
Limits on Education Programs
An F1 student visa is a very limited visa in that it allows a foreign national to only attend the school which filed the petition on his behalf. If a student wants to transfer schools, he must notify the United States Citizenship and Immigration Services (USCIS). An F1 student should know that he (and anyone in his family) cannot attend a public elementary school, a public secondary school, or a publicly funded adult education program (like English as a Second Language classes) unless he pays for the cost of the class in full before he begins to attend. Some schools will not accommodate F1-students so a foreign national should not assume that will be an option. Attending a public school without prepayment can result in removal from the U.S. and loss of legal status. Some foreign nationals can attend public school if they are in the U.S. accompanying relatives who are in the U.S. on a different type of visa (not an F1). F1 students can typically attend private elementary or secondary schools though.
Limits on Work Opportunities
A foreign national in the U.S. on an f-1 student visa has limitations on where and how often he can work. An F1-student can work on campus part-time and may be able to work in a job that gives him experience in his area of study if he first gets permission to do so. Taking a job that is off campus, or that is full-time without permission could result in a loss of legal status. Family members accompanying an F1 student cannot work in the U.S. and doing so can affect the legal status of the F1 student.
Getting Legal Help
Most F1 students will receive legal assistance from the school which they plan to attend and won’t need to pay for an attorney. A prospective student who does not have a school may want to consult an experienced immigration attorney for help in getting to the U.S. to find a school. Also, a student who wants special permission to work while in the U.S. may need an immigration attorney if his school is not willing or able to help him get permission.
