Students And Exchange Visitors

We help academic and vocational students (F-1 and M-1 visas) and exchange visitors (J-1 visas) navigate the application process, maintain their status, and apply for changes of status or extensions. Our services also include support for their spouses and children.

The F-1 visa is for individuals who wish to study in the United States at an accredited academic institution, such as a college, university, high school, private elementary school, or language training program.

Barutcu Law Office provides comprehensive assistance with the F-1 and M-1 visa application processes, ensuring that all necessary forms and documentation are properly prepared and submitted. Contact us for personalized support to help you achieve a successful student visa application.

To be eligible for F-1 status, noncitizens must meet the following requirements:
– Be bona fide students qualified to pursue a full course of study.
– Seek to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an institution certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP).
– Have a foreign residence which they have no intention of abandoning.
– Have a Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) issued by a Designated School Official (DSO) of an SEVP-certified school.
– Have sufficient funds available for self-support during the entire proposed course of study.
– Provide proof of payment for the Student and Exchange Visitor Information System (SEVIS) fee using Form I-901, if applicable.

In order to be eligible for F-1 classification, a student must intend to depart from the United States after their temporary period of stay (for example, upon completion of their program of study and any authorized practical training in this country or upon termination of their nonimmigrant status) and have a foreign residence that they have no intention of abandoning.

The foreign residence requirement should be adjudicated differently for students than for other nonimmigrants. Typically, students lack the strong economic and social ties of more established applicants and plan longer stays in the United States. Considerations should include the student’s present intent, not what they might do after a lengthy stay in the United States.

If a student had a foreign residence immediately prior to traveling to the United States, even if such residence was with parents or guardians, they may be considered to be maintaining a residence abroad if they have the present intent to depart the United States at the conclusion of their studies. The fact that this intention may change is not a sufficient reason to deny them F classification. In addition, the present intent to depart does not imply the need to return to the country from which they hold a passport. It means only that they must intend to leave the United States upon completion of their studies. Given that most students are young, they are not expected to have a long-range plan and may not be able to fully explain their plans at the conclusion of their studies. The student must have the present intent to depart at the conclusion of their approved activities.

A student may be the beneficiary of an approved or pending permanent labor certification application or immigrant petition and still be able to demonstrate their intention to depart after a temporary period of stay. USCIS officers generally view the fact that a student is the beneficiary of an approved or pending permanent labor certification or an immigrant visa petition as not necessarily impacting their eligibility for the classification, so long as the student intends to depart at the end of their temporary period of stay. In all cases, the officer must consider all facts presented when determining whether a student is eligible for the F classification.

F-1 students must have sufficient funds to successfully study in the United States without resorting to unauthorized U.S. employment for financial support. F-1 students must provide documentary evidence that sufficient funds are, or will be, available to defray all expenses during the entire period of anticipated study.

Evidence of financial ability for prospective F-1 students includes, but is not limited to:
– Family bank statements
– Documentation from a sponsor
– Financial aid letters
– Scholarship letters
– A letter from an employer showing annual salary

The following schools may be approved for attendance by F-1 students:
– A college or university
– A community college or junior college that provides instruction in the liberal arts or in the professions and awards recognized associate degrees
– A seminary
– A conservatory
– An academic high school
– A private elementary school
– An institution providing language training, instruction in liberal arts or fine arts, instruction in the professions, or training in multiple disciplines

An F-1 student’s spouse and unmarried children under the age of 21 who are accompanying the F-1 student in the United States are eligible for admission in F-2 status as dependent family members. At the time they seek admission, the dependent family members of a student with a Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) must each present an original Form I-20 issued in the name of each F-2 dependent and issued by a school certified by U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to admit F students.

An F-1 student’s spouse and unmarried children under the age of 21 who are following to join the F-1 student in the United States are eligible for admission in F-2 status as dependent family members if they are able to demonstrate that the F-1 student has been admitted and is, or will be within 30 days, enrolled in a full course of study, or is engaged in approved practical training following completion of studies. At the time they seek admission, the dependent family members of an F-1 student must individually present an original Form I-20 issued in the name of each F-2 dependent and issued by a school certified by ICE SEVP for attendance by F-1 students. A new Form I-20 is required for a dependent family member where there has been any substantive change in the F-1 student’s current information.

F-2 dependents are not authorized to work in the United States. F-2 nonimmigrants are permitted to attend elementary, middle, and high school on a full-time basis. F-2 nonimmigrants are also permitted to engage in study that is avocational or recreational in nature, or less than full-time. If a dependent wants to pursue a full course of study beyond the elementary, middle, or high school level, or beyond what is avocational or recreational, the dependent has the option to request a change of status to that of an F-1 nonimmigrant.

F-2 dependents are generally admitted concurrently with the duration of status of the F-1 student. F-2 dependents are not required to seek an extension of stay as long as they were admitted for duration of status and the F-1 student maintains their student status.

F-2 dependents of an F-1 student who is unable to complete the student’s course of study by the program end date on the Form I-20 do not need to apply for an extension of stay if they were admitted for duration of status. If the Designated School Official (DSO) grants an extension of stay for the F-1 student, the DSO updates the Student and Exchange Visitor Information System (SEVIS) for both the F-1 student and their F-2 dependents.

The M-1 visa is for individuals who wish to attend vocational or other non-academic programs, excluding language training programs, in the United States.

Barutcu Law Office provides comprehensive assistance with the M-1 visa application processes, ensuring that all necessary forms and documentation are properly prepared and submitted. Contact us for personalized support to help you achieve a successful student visa application.

To be eligible for M-1 status, noncitizens must meet the following requirements:
– Be bona fide students qualified to pursue a full course of study in a vocational or non-academic program at an SEVP-certified institution.
– Seek to enter the United States temporarily and solely for the purpose of pursuing such a course of study.
– Have a foreign residence which they have no intention of abandoning.
– Have a Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) issued by a DSO of an SEVP-certified school.
– Have sufficient funds immediately available to pay all tuition and living costs for the entire period of intended stay.
– Provide proof of payment for the SEVIS fee using Form I-901, if applicable.

In order to be eligible for M-1 classification, a student must intend to depart from the United States after their temporary period of stay and have a foreign residence that they have no intention of abandoning.

M-1 students must establish that they have the necessary funds to cover all tuition and living costs for the entire period of intended stay. Evidence of financial ability for prospective M-1 students includes, but is not limited to:
– Family bank statements
– Documentation from a sponsor
– Financial aid letters
– Scholarship letters
– A letter from an employer showing annual salary

The following schools may be approved for attendance by M-1 students:

– A community college or junior college that provides vocational or technical training and awards recognized associate degrees

– A vocational high school

– A school providing vocational or non-academic training, excluding language training

An M-1 student’s spouse and unmarried children under the age of 21 who are accompanying the M-1 student in the United States are eligible for admission in M-2 status as dependent family members. At the time they seek admission, the dependent family members of a student with a Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) must each present an original Form I-20 issued in the name of each M-2 dependent and issued by a school certified by ICE SEVP to admit M students.

An M-1 student’s spouse and unmarried children under the age of 21 who are following to join the M-1 student in the United States are eligible for admission in M-2 status if they are able to demonstrate that the M-1 student has been admitted and is, or will be within 30 days, enrolled in a full course of study, or is engaged in approved practical training following completion of studies. At the time they seek admission, the dependent family members of an M-1 student must individually present an original Form I-20 issued in the name of each M-2 dependent and issued by a school certified by ICE SEVP for attendance by M-1 students. A new Form I-20 is required for a dependent where there has been any substantive change in the M-1 student’s current information.

M-2 dependents are not authorized to work in the United States. M-2 nonimmigrants are permitted to attend elementary, middle, and high school on a full-time basis. M-2 nonimmigrants are also permitted to engage in study that is avocational or recreational in nature, or less than full-time. If a dependent wants to pursue a full course of study beyond the elementary, middle, or high school level, or beyond what is avocational or recreational, the dependent has the option to request a change of status to that of an M-1 nonimmigrant.

M-2 dependents are admitted for the fixed period of stay for which M-1 students are admitted. If USCIS grants an extension to members of a family group, all members are granted the same period of time, with the shortest period of time granted to any member applying to all.

If USCIS grants an application for an extension, the M-1 student and the student’s M-2 dependent family members, if applicable, are given an extension of stay for the period of time necessary to complete the course of study, plus 30 days within which to depart from the United States. The period of stay may not exceed a total period of 1 year, or the date a dependent loses eligibility for M-2 status (for example, the date an M-2 child turns 21), whichever is less.

Any spouse and minor children of the student who wish to change their status to F-2 or M-2 dependent status must file their change of status (COS) application on Form I-539 while their current nonimmigrant status is valid and unexpired. Officers must review the expiration date of the applicant’s nonimmigrant status as indicated on the applicant’s Arrival/Departure Record (Form I-94) or other relevant documents to make this determination.

If USCIS denies the principal nonimmigrant’s COS application, officers must deny any dependent’s COS application.

The J-1 classification (exchange visitors) is authorized for individuals who intend to participate in an approved program for the purpose of teaching, instructing, lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or receiving graduate medical education or training.

Barutcu Law Office provides comprehensive assistance with J-1 and J-2 visa applications, ensuring that all necessary forms and documentation are properly prepared and submitted. Contact us for personalized support to help you achieve a successful exchange visitor visa application.

While each program has specific requirements, J-1 exchange visitors are generally required to:

– Have been accepted into a DOS-approved exchange visitor program before applying for a visa or a change of status to J-1 while in the United States.

– Have sufficient funds to cover their expenses while in the United States.

– Have sufficient knowledge of English to participate effectively in the exchange visitor program.

– Have a residence abroad which they do not intend to abandon.

U.S. Customs and Border Protection may admit the exchange visitor and any accompanying dependent family members into the United States in J-1 and J-2 classifications if each applicant:

– Presents a valid passport.

– Presents a valid J-1 or J-2 visa.

– Presents a Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-2019) issued in their name by a program approved by the DOS.

The DOS may issue J-1 and J-2 visas to qualified applicants at any time that the Form DS-2019 is valid. However, the exchange visitor may not enter the United States more than 30 days before the program start date on the Form DS-2019 and may only remain in the United States for 30 days after completing the program for the purpose of travel.

J-1 exchange visitors are initially admitted for the duration of status. Duration of status is defined as the completion of the J-1 program plus 30 days. The total length of time that a J-1 exchange visitor is permitted to stay in the United States depends on the program.

A J-1 exchange visitor must inform USCIS and their program’s Responsible Officer (RO) of any legal name changes or change of address within 10 days of the change. A J-1 exchange visitor enrolled in a Student and Exchange Visitor Information System (SEVIS) program satisfies the requirement by notifying the RO, who then enters the information in SEVIS.

Some J-1 exchange visitor programs involve a work component. Exchange visitors participating in those programs are authorized to work incident to status.

Certain J-1 exchange visitors are subject to a 2-year foreign residence requirement. They must reside and be physically present in their country of nationality or last legal residence abroad for at least 2 years before they are eligible to apply for an immigrant visa, adjustment of status, or a nonimmigrant H, L, or K visa. This requirement also prohibits them from changing status from J nonimmigrant status to another nonimmigrant status, other than A, G, T, or U, or H-1B for physicians receiving waivers based on a 3-year waiver position.

Exchange visitors subject to the foreign residence requirement may apply for a waiver based on:
– Exceptional hardship to a U.S. citizen or lawful permanent resident (LPR) spouse or child.
– Persecution.
– A no objection statement from the visitor’s home country.
– An interested U.S. government agency (IGA) request.
– Participation in certain federal, state, and Conrad 30 programs for foreign medical graduates.

A J-1 exchange visitor’s spouse and unmarried children under the age of 21 who are accompanying the J-1 exchange visitor in the United States are eligible for admission in J-2 status as dependent family members. At the time they seek admission, the dependent family members must present an original Form DS-2019 issued in the name of each J-2 dependent by a program certified by DOS.

Barutcu Law Office provides comprehensive assistance with J-2 visa applications, ensuring that all necessary forms and documentation are properly prepared and submitted. Contact us for personalized support to help you achieve a successful exchange visitor visa application.

A J-1 exchange visitor’s spouse and unmarried children under the age of 21 who are following to join the J-1 exchange visitor in the United States are eligible for admission in J-2 status if they can demonstrate that the J-1 exchange visitor has been admitted and is, or will be within 30 days, enrolled in a full course of study or engaged in an approved program. They must present an original Form DS-2019 issued in the name of each J-2 dependent.

J-2 dependents are eligible to apply for employment authorization by filing Form I-765, Application for Employment Authorization. Their income may not be used to support the J-1 exchange visitor. J-2 nonimmigrants are permitted to attend school full-time or part-time.

J-2 dependents are admitted for the duration of the J-1 exchange visitor’s status. They are generally granted the same period of stay as the J-1 exchange visitor.