Applying for Visa

IMMIGRATION LAW

As all countries, the United States has laws and regulations governing non-citizens temporarily within its borders. As an international student, the following are your responsibility:

Keep your passport current.
Be sure your permission to remain in the U.S. (I-94 and I-20 or IAP-66) is valid.
Inform your international student advisor if you wish to change your department or degree level.
Maintain a full-time course load of study (12 hours or 3 units in most cases).
Request official permission to accept off-campus work.
Make sure that all travel documents are in order before taking any trip outside the U.S.
Pay U.S. and stateincome tax if required to do so.
Complete an employment authorization form (I-9) if you will receive a University paycheck.
Be aware of immigration law.

Enforcement of Immigration Laws

Enforcement of U.S. Immigration law is the responsibility of the Immigration and Naturalization Service (INS). The INS is part of the Department of Justice and has its headquarters in Washington D.C. The United States is divided into a number of regions and districts for INS purposes. Most foreigners have contact with an INS district office. It is your responsibility to maintain compliance with immigration laws. As a certified institution , Truestar Inc. is required by law to provide information regarding students' status when requested by the INS.

Important Documents

Passports

Your passport is a travel document. It shows that you have your governments permission to travel in and out of your country. It has a specific expiration date. It is not necessary to carry your passport with you on campus. However, you should carry it when you travel in the United States, and you must carry it when you travel outside the United States. Keep it in a secure place in your room together with documents from the Immigration Service. If your passport is lost, stolen or destroyed, report it at once to the local police and take immediate steps to get a new one from your embassy or consulate. You must keep your passport valid at all times. Extensions are made by your embassy or consulate; a fee is often charged. Your consulate or embassy may request verification of your student status and expected graduation date in order to extend your passport. In some cases, several months are required for extension, and occasionally a new passport must be issued.

United States Entry Visa

All international students, except for Canadian citizens, are required to have a valid U.S. entry visa and supporting documents to initially enter the United States. This visa is valid for a fixed number of entries or multiple entries and has a specific expiration date. You may remain in the U.S. legally with an expired entry visa, provided that your I-94 and IAP-66 or I-20 are current. However, you may need to obtain a new entry visa if you leave the U.S. New entry visas are issued outside the United States. They are obtained by presenting a form I-20 or IAP-66 to a U.S. embassy or consulate. Proof of financial support for continuing studies and proof of permanent residence abroad may also be necessary. Visa service should be available in most U.S. consulates or embassies; HOWEVER, it is only assured in your country of permanent residence.

Arrival-Departure Record (Form I-94)

Each non-immigrant admitted to the United States is given a small white card, usually stapled into the passport on the same page where the visa appears. This paper is an arrival-departure record and is referred to by its number: I-94. It indicates your non-immigrant status (F-1 or J-1) and is evidence that you have permission to stay in the U.S. The time at which your permission to stay expires appears in the upper right hand corner of the I-94. Students in F-1 and J-1 nonimmigrant status are admitted for "D/S," or duration of status. If you change or extend your status within the United States, the Immigration and Naturalization Service will issue a new I-94 to you. You should staple the new I-94 to the old one, and keep them in your passport.

I-20 ID (F-1 students)

The I-20 form (or Certificate of Eligibility for Non-Immigrant Student Status) is the form used by F-1 students and their F-2 dependents to obtain an entry visa and enter the United States. The I-20 ID is the second page of your I-20 form. It should be kept in your passport at all times and must be endorsed by an OISA counselor if you need to travel outside the U.S. If a new I-20 is issued to you for any reason, always keep your original I-20 ID to attach to the new I-20.

IAP-66 (J-1 students)

The IAP-66 (or Certificate of Eligibility for Exchange Visitor Status) is the three-page form which is used by J-1 students to obtain an entry visa and enter the United States. Your copy of the IAP-66 is the pink copy. It contains important information including your program sponsor and an expiration date. You should keep this document in your passport. It is a good idea to obtain an endorsement on your IAP-66 from your J-1 program officer when you travel.

Immigration Procedures

Dependent Visas (F-2 and J-2)

Student spouses and/or children applying for F-2 or J-2 visas must present five documents in the U.S. embassy or consulate: Form I-20 or IAP-66, personal affidavit of support, financial documentation, passport, and proof of relationship to the F-1 or J-1 student (marriage certificate, birth certificate, etc.). Exchange Visitors (J-1) must furnish copies of this financial documentation to the program sponsor: OISA for the University of Illinois program P-1-209, Institute of International Education for program G-1-1, U.S.A.I.D. for program G-2-0263, etc. The sponsor then issues the IAP-66 form. Students must be able to support their families in the United States.

Re-entry after Visiting Abroad

A valid entry visa and a valid I-20 or IAP-66 are required for re-entry from most countries. However, a valid U.S. entry visa may not be required for entry from Canada, Mexico or the Caribbean. Check your travel documents at least two weeks before you leave the United States; you may need new documents to facilitate your re-entry to the U.S.

Extension of Stay (J-1 students)

It is essential to keep both your I-94 and IAP-66 valid. Remaining in the U.S. beyond the expiration of your I-94 may create serious complications. Contact your J-1 Exchange Visa program sponsor 60 days before your I-94 expires to receive the necessary forms for extension. If your I-94 carries a "D/S" (Duration of Status) expiration date, contact your program sponsor 60 days before your IAP-66 expires.

Extension of Stay (F-1 students)

The expiration date of the I-94 for F-1 students is marked "D/S" (Duration of Status). "D/S" is defined as the time which you are pursuing a full course of study and making normal progress towards your degree, any authorized optional practical training, and a 60-day grace period to prepare for departing the U.S. In most instances, you should complete your degree by the expiration date of your I-20.

Full Course of Study

As an F-1 or J-1 student, you are required to enroll for a full course of study for fall and spring semesters. Summer enrollment is optional unless you are admitted for the Summer Session or the Summer Session is your last semester of study and you plan to apply for practical or academic training. Twelve hours is considered full-time enrollment for undergraduates; 3 units is full-time for graduates. There are certain instances in which the INS allows less than a full academic course load.

Change of Status

Certain non-immigrants (except those in C, D, K, M, WT, WB, and, in certain instances, J) may apply for a change of status, if proof of entitlement can be shown. Changes of status are approved by the Immigration and Naturalization Service, either through travel or by application. Please note that a request to change visa status is not always approved. Visa changes from exchange visitor J-1 to F-1 student or vice versa are not always possible. Also, a change from B-2 tourist visa to that of student (F-1 or J-1) is not easily accomplished. If a person plans to enter the United States to be a student, he or she should apply for a student visa, NOT a tourist visa, and enter the United States with the I-20 or IAP-66 form.

Transfer of Schools

When first entering the United States for study, F-1 students must attend the school which issued the I-20 used to obtain the visa and to enter the United States. Transfers to another school cannot be approved during the first semester unless the student actually visits the university shown on the I-20, and receives written release from that school to transfer. A J-1 exchange visitor student must proceed to the school whose name appears on the IAP-66. To transfer from the your university to another school, an F-1 student must first receive a properly completed form I-20 from the university to which the student wishes to transfer. If you plan to travel outside of the U.S. before reporting to your new school, you may simply reenter the U.S. with the I-20 form issued by your new school. This will complete the transfer. If a J-1 student changes schools, the student must either get sponsor approval or an IAP-66 from the university to which he or she wishes to transfer. Next, the student must obtain the current program sponsors signature of release on the new IAP-66. Finally, you must obtain information on completing the transfer with the international student office at your new school. Married students should include dependent spouses and childrens I-94s with the transfer request.

Becoming a Permanent Resident

Some non-immigrant students decide that they would like to remain in the United States for an indefinite period of time. That is, they decide that they would like to become U.S. permanent residents or U.S. immigrants." The purpose of the laws concerning immigration to the United States are to protect employment opportunities for American citizens or people who are already permanent resident aliens. Exceptions are sometimes made in the case of non-Americans who are close relatives (i.e., spouse, parents, brothers, sisters) of U.S. citizens or permanent residents. Exceptions are also occasionally made in the case of persons who would suffer persecution for political, religious, or racial reasons if they were compelled to return to their home countries.

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