These sections have been selected for you from the Code of Federal Regulations. These laws are applicable to your application for F-1 Visa Holder Certificate. You should familiarize yourself with them. If you need additional information, you may e-mail your inquiries to: marie@studentinsuranceagency.com
[5]-- Entry Requirements and Procedure; Period of Admission
A student seeking admission to the United States presents the I-20 certificate to the consul. The I-20 certificate must be accompanied by the proof of financial ability it designates.
The certificate specifies that the proof of support must include tuition and fees, living expenses, expenses of dependents (if any), and other designated expenses. The means of support to pay such expenses must cover an academic term of up to 12 months, and the source of such support may include personal funds of the student, specified funds from another source, or on-campus employment, if applicable. The necessary proof of support often is an affidavit of support (Form I-134), usually executed by a relative, which includes particulars showing the affiant's ability to furnish such support.
Individuals seeking nonimmigrant status as students must show that they are entitled to such status and are otherwise admissible under the immigration laws. In addition to proving that they are bona fide students seeking temporary entry, they must establish that they:
Have been accepted by an approved school in the United States, evidenced by the certificate of eligibility (Form I-20A-B or Form I-20M-N), signed by the student;
Possesses sufficient funds or have made other arrangements to cover expenses; and
Have sufficient scholastic preparation and knowledge of the English language to pursue a full course of study, or if the student's knowledge of English is inadequate, the approved school has accepted him or her for study in a language with which the student is familiar, or has made special tutoring arrangements that are adequate to enable the student to pursue a full course of study.
The consular officer will regard the I-20 certificate as prima facie evidence of the student's acceptance by an approved school. However, the consul may ask the prospective student several probing questions before deciding whether to issue an F or M visa.
An alien applies for an F-1 or M-1 visa on State Department Form OF-156. The application to a U.S. consulate for an F-1 (academic) or M-1 (vocational and nonacademic) student visa should consist of the following:
Form OF-156, Nonimmigrant Visa Application;
Form I-20A-B or I-20M-N, Certificate of Eligibility;
Evidence of financial resources;
Evidence or ties to home country;
Valid, unexpired passport;
Passport-type photograph; and
Application fee, if any.
Assuming the consul issues an F or M visa, the student surrenders the I-20 certificate to the admitting immigration officer when he or she arrives in the United States.
The inspector forwards the certificate to the Service processing center, which sends the I-20 portion to the school. The student must establish that he or she is destined to the school specified in the Form I-20A-B or Form I-20M-N.
The admitting officer endorses on the student's entry card (Form I-94) the name of the school that the student is authorized to attend and the period of time necessary to complete the course of study indicated on the Form I-20A-B or Form I-20M-N.
Often the INS inspector simply writes ``D/S'' on the I-94 card. The Service issues the student a Form I-20 ID copy with an admission number at the time of the student's first contact with the Service. The student is required to have the I-20 ID in his or her possession at all times. If the student loses that form, he or she can apply on Form I-102 to the Service for a replacement.
The admission number is a permanent record, and it must appear on all documents relating to the student.
The prospective student communicates in the first instance with the school, which must determine that the student intends to undertake a full course of study and that he or she is qualified to do so. Ordinarily, this entails an adequate understanding of the English language, although since inquiries usually are conducted by correspondence it sometimes is difficult for the school to determine at this stage whether the student has a satisfactory knowledge of English. However, the school can arrange to have the student tested abroad for English proficiency. If need be the school may provide for the student's instruction in his or her own language, or may make special arrangements for tutoring the student in English while he or she participates in a full course of study. In some instances the student will come solely to study the English language.
The consul and the examining immigration officer also may gauge the adequacy of the student's knowledge of English and other preliminary qualifications.
If the student is found acceptable the school issues a Certificate of Eligibility (Form I-20A or I-20M), certifying that the student has submitted a written application, that the student's application, the student's transcripts or other records of courses taken, proof of financial responsibility, and other supporting documents have been evaluated at the school's location in the United States, that the student meets all the standards of admission and has been accepted for enrollment in a full course of study. The designated school official (DSO) signs and certifies the certificate on its face. The student signs and certifies the certificate on the reverse side. The school cannot charge a fee to issue Form I-20.
In some instances the alien may be admitted solely to study English. In other instances, intensive English language programs are undertaken solely to enable the student to pursue a bachelor's or master's degree program. In such cases, the DSO should indicate the student's level of education on the I-20A-B form as undergraduate or graduate, as appropriate.