How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Immigration Law question
Type Your Immigration Law Question Here...
characters left:
Immigration Lawyers are Online Now

Student Visa Laws

A student Visa is a legal document required for a non – U.S. citizen to pursue an education in the U.S. There are different rules governing U.S. student Visas that must be adhered to in order to be allowed to continue education in the U.S.A. Following are some of the questions pertaining to student Visa laws asked by people who entered the U.S. with a student Visa or have questions pertaining to how to apply for a student Visa.

How much should a married person on an F-1 student Visa submitting form I-864 earn to avoid requiring a sponsor?

He/she should have earned over $18,913 net income for a household of two and could prove the same using the tax statements, letters from an employer or customers (if self employed) etc.

On a person's Citizenship application, what would be the immigration status of a spouse who has overstayed a student Visa?

Since there is no expiration date on the spouse's I-94, he/she would be out of status, which corresponds to F-1 "D/S" on the Citizenship application, where D/S is the annotation entered by the inspector and means Duration of Stay.

If a person is in the U.S. on a tourist Visa, what are the options for him/her to avoid the 3 yr ban and continue to stay in the U.S., if the tourist Visa extension is one day late reaching the officials?

Since the application for the extension was not filed on time, the overstay period will be counted from the time the I-94 expired. If this period is greater than 180 days, no sponsor can help legalize his/her status. Marrying a U.S. citizen and adjusting status to Permanent Resident appears to be the only way to stay in the country legally. Otherwise, on leaving the country, even if he/she is married, the 3 year ban holds good.

Is there a process to obtain a work permit for a person on a student Visa so that he/she can work part time or in summer?

Students could check with their program advisor if any assistantships are available, as they can work up to 20 hours on campus after 9 months of student status. The International Student Advisor could help in obtaining a CPT (Curriculum practical training), although this could hinder the person from doing an OPT (optional practical training) program after graduation, which is proven to be very important in obtaining work Visa/green card. In case of an extraordinary change in the sponsor's financial status, the International Student Office could aid him/her in obtaining an EAD (Employment Authorization Document) if they are convinced that he/she could support the change.

If a person who has an expired F-1 student Visa but maintaining his/her I-20 status by attending university classes, but was caught by the police for working off-campus and his/her I-20 was cancelled, till after he/she meets a probation officer, what are the options at this point?

It is advisable that one waits for the court date. He/she could also leave the country before the court date to try and get a new F-1 student Visa issued on the basis of a renewed I-20, but in either case, a deportation order can be expected and new student Visa application could be denied due to prior violation of immigration laws. If he/she marries a U.S. citizen who petitions for him/her, unauthorized employment would be forgiven.

What are the ways in which one can switch from a U.S. student Visa to Green card?

There are 5 ways to legally become a U.S. resident:

1. Through family: A U.S. citizen spouse or U.S. citizen children can help one move to the U.S. immediately, but the process could take from 4 to 12 years when it involves LPR (Lawful Permanent Resident) parents, children, or spouse.

2. Through employment: If one can prove that one is not depriving a U.S. citizen worker of a job, he/she could move to the U.S. on basis of employment.

3. Through asylum: If one can prove that one's life is in danger in one's own country due to nationality, race, political opinion or the like, he/she might be allowed to live permanently in the U.S.

4. Through investment: For a permanent resident status, an investment of $1,000,000 would be required, whereas $100,000 - $200,000 may suffice for a temporary Visa.

5. Through the Visa lottery: One must win one of 50,000 Visas available every year.

If you have applied for a student Visa, you would know about the multiple restrictions that come with it. Any violation of immigration laws by a student Visa holder could have serious consequences such as deportation. It is recommended to abide by the laws and seek help when in doubt. The Experts can help answer questions about student Visas.
Ask a Immigration Law question
Type Your Immigration Law Question Here...
characters left:
Immigration Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21196
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21196
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18394
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8492
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3850
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Student Visa Questions

  • immigration aka dhs came to my grandmother house looking for

    immigration aka dhs came to my grandmother house looking for my wife. Her student visa has expired for 3YRS now because job sponsors things of this nature laid off. they gave her a form saying to bring it in asap or they will arrest her. arent they going to do this anyway. we do have the marriage certificate
  • She came here in USA once on B1/B2 visa and she got 10 years

    She came here in USA once on B1/B2 visa and she got 10 years visa stamped.
    1. If she comes here on B1/B2 and I get married to her, what are the chances her I485 will be approved without any problems?
    2. If first dont work out, can she come here and then apply for a student visa and after sometime, may be a year, I can marry her and apply for I485?
  • Hi Got an RFE on my h1b to submit report on my education

    Hi Got an RFE on my h1b to submit report on my education evaluation Although I did my engineering in India my college was affiliated to one of the US university at California but never knew this was operated under California Private schools When I tried to get the evaluation report from an agency they concluded saying the degree cannot be evaluated since the university is not accredited in US Note:this is my third H1b never faced any problem

    The university issued my degree is closed now shutdown And it was operated with the permission
    of Bureau for Private Postsecondary & vocatinal Education www.bppe.ca.gov
    This university was accrediated by WAUC(world association of universities and colleges)
    How do I justify that I have 4yrs Bachrlors Degree in IT which gives me eligibility for H1b extension please help

< Last | Next >