F-1 Visa - College and University
F-1 Visa
Schools in the United States offer great opportunities for students who wish to further their education and training. The intellectual stimulation and social interaction gained by studying in the US can become vital elements of a student’s growth and development.
Foreign national students who want to study in the US usually apply for the F-1 visa, while vocational students often apply for the M-1 visa. You must apply and be accepted by a USCIS-approved school before applying for either student visa. You will also need to prove to the US consulate that you can financially afford to attend school and take care of your expenses.
F-2 status allows your spouse and unmarried children under 21 years old to join you in the US. You should bring your spouse and children with you when you visit the consulate to apply for your F-1 visa. If your spouse and/or dependent children are joining you later, they will need to submit a copy of your USCIS Form (Certificate of Eligibility for Nonimmigrant (F-1) Student Status – for academic and language students) to the US Embassy staff, along with documents proving their relationship to you. The F-2 status of a spouse and children is dependent upon your F-1 status. F-1 students have the opportunity to work in their field of study both before graduation (curricular practical training) and after (optional practical training, or OPT).
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M-1 Visa - Vocational School
M-1 Visa
The M-1 visa offers students the opportunity to train in a positive US environment while strengthening their technical and non-academic skills (this visa does not apply to language training). The M-1 visa is offered to students who wish to attend full-time at a USCIS-approved vocational or non-academic school in the US.
A spouse and unmarried children under 21 years old may join you in the US if they have nonimmigrant M-2 status. Although M-1 and M-2 Visa holders are not allowed to work, M-1 holders may apply for an extension of up to six months for practical training.
As with all nonimmigrant visas in which a spouse, dependent child, or both are in the US with the principal visa holder, the immigration status of the spouse and dependent(s) is dependent upon the principal visa holder remaining in current, lawful status. This means that if, for any reason, you lose your status, so do your spouse and dependent(s).
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I am a US citizen or lawful permanent resident. Can I sponsor my family for immigration to the United States?Yes, if you’re a US citizen or lawful permanent resident, you may be able to apply for family-based immigration. Generally, US citizens can sponsor their spouse and children, as well as their siblings and parents (if the US citizen is at least 21 years old). Lawful permanent residents can generally sponsor their spouse and unmarried children. The process begins by submitting a Petition for Alien Relative (I-130 packet) with U.S. Citizenship and Immigration Services (USCIS). You’ll also need documentation proving your own citizenship or resident status and your relationship to the family member you’re sponsoring. Once the visa petition is approved and an immigrant visa is available, your relative will have to determine whether they can process locally with USCIS or must process abroad at a US consulate. Not everyone with an approved visa petition can immediately obtain status. Visas in some family-based categories are immediately available while other categories are backlogged. It is important to determine eligibility before beginning the process as well as understanding any negative impact from filing a petition. Filing a family-based visa petition in some cases can carry negative consequences for the foreign national’s current status or lack of status.
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What is the process for sponsoring a spouse?US citizens and lawful permanent residents typically can sponsor a spouse, starting by submitting the I-130 packet (Petition for Alien Relative). Spouses of US citizens are considered “immediate relatives” under the immigration law. This means that they may either adjust their status in the US, if they were admitted or paroled, or obtain a visa at a US consulate abroad. Spouses of lawful permanent residents, however, are not considered “immediate relatives.” This means they may adjust status in the US if a visa is available, they were admitted or paroled, and are currently in status. If not, they must wait for a visa to become available and obtain a visa at a US consulate abroad.
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Is there a temporary visa classification for those planning to marry?Yes, the intended spouse of a US citizen is typically eligible to apply for a K-1 visa, known as a fiancé visa, provided the couple has met at least once in person in the last two years. K-1 visas require that the marriage takes place in the United States within 90 days of arrival on the K-1 visa. After admission on the K-1 visa, and once the marriage takes place, the foreign national spouse may proceed to apply for adjustment to lawful permanent resident (i.e., a “Green Card”). Minor children of the foreign national fiancé may also accompany their parents in K-2 status.
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How many Green Card categories are there, and where can I access them?There are a vast number of Green Card categories based on, among others, family relationships, employment, educational pursuits, asylee status, and extraordinary ability. You can find a comprehensive list on the Antonini & Cohen site.
What are my next steps?
The attorneys at Antonini and Cohen Immigration Law Group create and defend the opportunity for individuals, families, and businesses to seek and achieve the American dream. Call us to schedule a consultation at 470-428-3200.
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