Friday, September 17, 2010

Q & A: Student Visas (F-1, M-1) in Hyderabad, India

Question: I wish to apply for student visa in Hyderabad, India. What can I expect?

Answer: Please see the following general guidelines for students and exchange visitor visa applicants in Hyderabad:

Persons applying for initial-entry F-1, F-2, M-1, or M-2 visas may be issued these visas up to 120 days before the program start date as listed on their I-20s. However, students may not enter the United States more than 30 days in advance of the program start date indicated on the Form I-20. Applicants continuing on a student visa are not subject to this restriction. Continuing students may apply for new F or M visas at any time, as long as they have maintained legal student status previously and their SEVIS records are current. Continuing students may also enter the United States at any time before their classes start.

SEVIS, the SEVIS Fee, and SEVP

SEVIS stands for Student and Exchange Visitor Information System (SEVIS) is an Internet-based system that maintains data on foreign students and exchange visitors, as well as their dependents, before and during their stay in the United States. It is a key part of Student and Exchange Visitor Program (SEVP) administered by the Immigration and Customs Enforcement (ICE) within the DHS. Student or exchange visitor visa applicants (F-1, M-1, and J-1 visas) in most cases must pay the SEVIS fee (also known as the SEVIS I-901 fee). The SEVIS fee financially supports the SEVP and SEVIS. For information about cost of the fee and the payment processes and options, visit the ICE website at www.ice.gov/sevis/i901/index.htm. Applicants applying for visas with Forms I-20 or DS-2019 processed after September 1, 2004, are required to provide the SEVIS I-901 fee receipt as proof of payment.

Further Instructions and Information

- Do not pay the SEVIS fee before the applicant has a Form I-20 or DS-2019;
- The applicant should pay the SEVIS fee before the visa interview appointment. Do not leave payment of this fee to the last minute;
- Make sure the applicant obtains a SEVIS fee payment receipt;
- The applicant must bring the SEVIS fee payment receipt to the visa interview. The applicant will need this proof of payment to obtain a student or exchange visitor visa;
- If the applicant has a spouse or child who has F-2, M-2, or J-2 visa or is applying for one of these types of visas, they are not required pay the SEVIS fee; and
- The SEVIS fee is non-refundable.

To qualify for a student visa, applicants must provide evidence of the following:

- Present intent to return to India at the conclusion of studies (This is subjective and may call for the help of immigration counsel);
- That the student is a bona fide student who will be able to successfully complete a full course of study in the United States;
- That the prospective student has sufficient English language ability to undertake the intended course of study, if the program requires English language; and
- That the prospective student has sufficient funds to cover the first year of tuition and living expenses, plus access to a continuing source of funds to cover subsequent years.

In support of the above, student visa applicants must provide the following documents:

- Original signed Form I-20 from the school or university;
- Scores from standardized tests required by the educational institution, such as the TOEFL, SAT, GRE, GMAT, etc.;
- For prospective master’s degree students, original undergraduate degree certificate and mark sheets (if the original degree or mark sheets are unavailable, provisional certificates and/or photocopies may be submitted). Bachelor’s degree students may submit their most recent mark sheets or graduation certificate, as applicable; and
- Proof of funds to cover at least first year of studies. If the program lasts longer than one year, the applicant should be able to communicate how subsequent years will be paid for. Some of the most common documentation includes six months of bank records, employment letter(s) of the sponsor, and/or chartered account statements.

Students who have obtained bank loans may also provide a letter from the bank stating the same. Additionally, students who have pre-paid any fees may provide a letter from the school or university stating the same. Students receiving aid from their prospective school or university not indicated on the Form I-20 should provide a letter stating the nature and amount of aid to be provided.

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