Visa Information

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ISSS It is important that all the international students read and familiarize themselves with the details of the student visa responsibilities. This section should answer all questions a student may have in regards of applying for, understanding student visa responsibilities and information about the steps taken if the visa is denied.

Applying for Visa

The operations and policies of each U.S. Embassy and Consulate abroad differ slightly. The suggestions below should apply to visa applications at any U.S. Embassy or Consulate.

NEW SEVIS FEE REQUIREMENTS

Beginning September 1, 2004, a new United States Department of Homeland Security (DHS) rule goes into effect. This rule requires F-1 and J-1 visa applicants to pay a one-time fee of $100 to supplement the administration and maintenance costs of the Student and Exchange Information System (SEVIS). The following information specifically addresses fee issues for F-1 students.

Who pays the SEVIS fee?
Prospective students with “initial attendance” I-20s dated on or after 9/1/2004 who are applying for an “initial ” F-1 visa from outside the US Prospective students with “initial attendance” I-20s dated on or after 9/1/2004 who are applying for a change to F-1 status from another visa category Current F-1 students in the US filing for reinstatement after being out of status more than 5 months, and who are issued an I-20 issued for reinstatement that is dated on or after 9/1/04

How do I pay the fee?
The fee can be paid to the DHS by mail or online and must be accompanied by a Form I-901. It can be paid by you or by a third party, inside or outside the US.

To Pay Online
1. Find the Form I-901 at www.fmjfee.com.
2. Complete the form online and supply the necessary Visa, MasterCard or American Express information. Be sure to write your name exactly as it appears on your I-20 form.
3. Print a copy of the online receipt. 4. Be sure to make copies of your receipt, and keep it with your other important immigration documents

Research the visa application process for the U.S. Embassy or Consulate at which you will apply. It is best to apply at an Embassy or Consulate in your country of citizenship or current permanent residence. The U.S. Department of State website with country-specific Immigrationtructions is: http://travel.state.gov/travel/tips/embassies/embassies_1214.html

Prepare all of your documents carefully. Make sure that:

  • Your passport is valid for at least six months beyond your anticipated date of entrance into the U.S.
  • You submit the MSU admission letter, Form I-20 and your financial support documents with your application packet.
  • You prepare and submit all of the visa application forms listed in the instructions on the consular web site.

Develop a confident and positive attitude in yourself. We know from research the visa officer will probably make his or her decision about your visa within 10 seconds of meeting you. If you seem hesitant or lacking in confidence, this will come through in subtle ways during your interaction, and may hinder your case. Relax and be confident! Make sure to keep eye contact and position your body in a way that demonstrates your confidence. If you prepare for this interview by bringing documentation and clearly state an educational plan and intent to return, you can focus on communicating clearly rather than feeling nervous about what you will say. In addition, the officer will see your confidence and preparation and that will be an indication to them that you are suitable for studying abroad.

If your visa is not approved, request the reason for the denial be given to you in writing. Visa officers are required by U.S. regulation to present to you in writing the reason for a visa denial if you request it. Try to notice the name of the officer in charge of the interview. FAX to our office (MSU - Kearney International Center, FAX 507-389-2790) the paper explaining the visa denial, along with your current e-mail address and the name of the visa officer. We will send to you further instructions.

We wish you the best of luck with your visa application, and look forward to your arrival at Minnesota State University

F-1 Visa Responsibilities

Foreign students in the United States are required by immigration law to follow certain regulations in order to maintain legal status in the United States. The International Student Office is responsible for advising international students on immigration law and regulations, and for processing various immigration documents. When coming to ISSS for immigration matters, always bring your passport and I-20.

You are responsible for knowing, understanding, and complying with theses regulations. If there is something you do not understand, please come to ISSS.

The United States Immigration and Naturalization Service (Immigration ) has established certain rules and regulations which you are expected to understand and follow. The following is a list of regulations, procedures, and forms that are frequently used in negotiation with the Immigration . Most of these forms are known worldwide and may be obtained from ISSS or from any Immigration office.

Basic Regulations

  • Enroll in and complete a full course of study throughout the academic year (a minimum of 12 credit hours per semester for undergraduates and 6 credit hours per semester for graduates) and maintain satisfactory academic progress. ALWAYS consult ISSS BEFORE you drop your course load to part-time or withdraw from all your courses; otherwise, you jeopardize your LEGAL status. Proper documentation must be kept in your ISSS file. Also, remember, the Immigration will not accept not having enough money as an excuse for dropping below full-time hours.
  • Renew your passport at LEAST six months prior to its expiration date.
  • DO NOT accept employment off campus without authorization from ISSS and Immigration . See employment section.
  • Report any change of address to ISSS with 10 days of moving. (This is an Immigration REQUIREMENT!)
  • Request an extension of stay at least 30 days before the expiration date on your I-20 if your studies will not be completed within the allotted period of time. Locate the specific date on your I-20.

Duration of Status

This clarification allows an F-1 student who is pursuing a full course of study to complete any educational level or series of educational programs and any practical training (if qualified for it), and also to have 60 days either to depart from the U.S. or apply for a change of visa status. Students who find that they are unable to complete their studies in the amount of time noted on the I-20 are required to obtain a new I-20 with a new date of completion noted. To do this, you must report to ISSS at least 30 days BEFORE the date of completion on your I-20; you will be required to submit documentation of financial support. To gain a PROGRAM EXTENSION, students must show satisfactory progress toward the degree. Unacceptable reasons for extending one's program include suspension or not maintaining full-time status.

Reinstatement

REMEMBER, If you do not violate your F-1 student status, you will never have to apply for reinstatement.

If, however, for any reason you violate your legal status, you lose all benefits of being an F-1 student (e.g. employment) and risk deportation. You can in some situations apply to CIS for reinstatement to F-1 status. Schedule an appointment with the International Student Office to discuss your options. To request reinstatement, a fee will need to accompany the I-539 Immigration application form. For the period of time you are "out of status," you may not work on or off campus under any circumstances. And, depending on your particular situation, you may not be able to work for up to nine months FOLLOWING reinstatement. If you have been out of status for over 5 months you will need to leave the U.S and re-enter in "initial attendance status".

CIS regulations could result in your being barred from re-entering the U.S. for a period of three to ten years if you fail to seek reinstatement.

Advice

Follow the basic regulations and you won't have to worry about seeking reinstatement. But, if you do violate your status, schedule an appointment with the International Student Office to discuss your options.

School Transfers(from US based schools)

After being admitted to MSU have your old school transfer your SEVIS record to MSU, Mankato, only then can MSU create an I-20 for you. As part of your application make sure that your current school’s advisor completes the International Student Advisor form.

To maintain F-1 status, you will need to sign the new, original I-20. If you do not leave the U.S. and reenter with the new I-20, you will need to give the new I-20 to your new International Student Advisor no later than 15 days from the date when classes begin at the new school. Always keep ALL your I-20 copies together when traveling overseas.

If you are travelling outside of the U.S. during the transfer process, make sure you re-enter under the MSU I-20.

Travel

You do not need a new I-20 to re-enter the U.S. after an absence of less than five months; however, you will need your I-20 properly endorsed by the Designated School Official at ISSS. We recommend it be endorsed within the past 6 months. Regarding your visa, it is alright to remain in the U.S. if the F-1 visa has expired, as long as your I-20 has not expired and you are otherwise maintaining your status. If immigration approved a change of status for you within the U.S., you will need to apply for an F-1 visa stamp while outside the U.S. in order to re-enter the country. Be sure to take your approval notice and documentation of your financial support.

Important Documents and Procedures

Visa

This is the visa you obtained at the American Embassy or Consulate which allowed you to ask for permission to enter the United States . A nonimmigrant visa (such as an F-1) is valid only for the purpose for which it was issued. It is NOT a guarantee of entry. For initial admission, you are required to attend the school written below the visa for at least one academic term. Once you have been granted entry, your visa does NOT determine how long you stay in the U.S. (See "I-20" below.) You are required to renew your visa only when you leave the U.S. and wish to return and if your visa has expired or if your visa was designated as "single entry only." A request to obtain a new visa must be made at the American Embassy or Consulate outside the United States. PLEASE NOTE: If your visa has expired, it is all right to remain in the U.S. if you are in legal F-1 status. However, you must renew your visa if you go outside of the U.S. Please note that your I-20 must be valid. Canadian citizens do not need visas.

Passport

This is your most important piece of identification, and you need to keep it valid (at least six months beyond your projected date of departure from the U.S.) You cannot renew your visa unless your passport is current; neither can you leave the U.S. without a valid passport. It is strongly urged that you photocopy important pages of your passport, i.e., the identification page, the expiration page, and the visa page. Should you lose your passport, having photocopies of important pages may reduce the time needed to replace the document. To renew your passport YOU must contact your country's embassy or consulate. The address and phone number may be obtained through the International Student Office.

I-94 Card

This is the entry permit issued by the Immigration inspector at the port of entry into the U.S. This is the little white card which was stapled into your passport upon arrival in the U.S. KEEP IT THERE. IT IS YOUR PERMIT TO REMAIN IN THE U.S. The D/S status marked on the I-94 means that you are permitted to remain in the U.S. for as long as you are pursuing your intended program of study, provided you remain in status, your I-20 has not expired, and you are making satisfactory progress toward completion of your degree.

I-20 - Certificate of Eligibility for Non-Immigrant F-1 Student Status

This form is issued to you to attend MSU initially. Please keep all copies in a safe place and retain all old copies. MSU is not responsible for maintaining your immigration documents for you, after you leave MSU, if you request a copies of documents, they may not exist. Having accepted the I-20, you are required by INS to attend MSU for at least one semester before transferring. Whenever you travel outside of the U.S., you must carry an up-to-date I-20 endorsed by ISSS you must also check the visa requirements of these countries through which you will travel. The I-20 certifies that you are eligible to study at the designated school and that you have verified your financial ability to pay tuition, fees, and basic living costs while pursuing your education.

New I-20

All F-1 students are issued I-20 to enter the U.S. Most immigration transactions will be noted on the student's I-20. If you should receive a new I-20 for any reason (program extension, school transfer, change of degree or major), you should keep your previous I-20s as a record of your legal stay in the U.S. Immigration regulations state that you should keep your I-20 with you at all times. You will not surrender it for temporary absences outside the U.S. If you lose your I-20, please report it to the International Student Office immediately. In some cases, we may be able to issue a duplicate. With other immigration documents (e.g. I-94), you may need to file a Form I-102 and pay a fee to Immigration to obtain a duplicate.

Change of Status within the U.S. to F-1 (or J-1) - Procedures explained in handout

Visa Denial

Unfortunately, there times when international students are denied visas by the U.S. Consulate or Embassy in their home country. To be refused a visa causes great disappointment. The following information is provided by the U.S. State Department to help you avoid visa denial.

Why is there a visa requirement?

The United States is an open society. Unlike many countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, international students have a responsibility to PROVE THEY ARE GOING TO RETURN ABROAD before a student visa is issued. Under Section 214(b) of the Immigration and Nationality Act, consular officers are required to view every visa applicant as intending to immigrate until the applicant proves otherwise.

What is Section 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status . . .

The most frequent basis for being refused a student visa under Section 214(b) concerns the requirement that a prospective student possess a residence outside the United States that he/she has no intention of abandoning. Applicants must prove the existence of such a residence by demonstrating that they have ties outside the United States that would compel them to leave the United States at the end of their temporary stay. The law places the burden of proof on the applicant.

United States consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.

Make the consular officer's job easier. BE PREPARED. BE CONCISE. BE RESPECTFUL.

What contitutes "Strong Ties"?

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, or a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social, and family relationships.

Each person's situation is different. If you have a job, a family, own or rent a house or apartment, or have other commitments that will require you to return to your home country at the conclusion of your stay in the United States, you have a better chance of being granted a visa.

United States consular officers are aware that each person's situation is different. During the visa interview, they look at each applicant individually and consider professional, social, cultural, and other factors. In cases of younger applicants, such as students who may not have had an opportunity for form many ties, consular officers may look at the applicant's specific intentions, family situations, long-range plans, and employment prospects within his/her home country. Each case is examined individually and should be accorded every consideration under the law.

Is denial under Section 214(B) permanent?

No. The consular officer will reconsider a case if the applicant can show further convincing evidence of ties outside the United States. If you are denied a visa, you should contact the Embassy or Consulate to find out about reapplication procedures. To qualify for a nonimmigrant visa, you must show that your personal, professional, and/or financial circumstances have changed considerably.

Review your situation carefully and evaluate your ties to your home country realistically. Write down on paper what qualifying ties may not have been evaluated at the time of your first interview with the consular officer. When you reapply for a visa, show further evidence of your ties or how your circumstances have changed since the time of your original interview. It may help to answer the following questions before reapplying:

  • Did I explain my situation accurately?
  • Did the consular officer overlook something?
  • Is there any additional information I can present to establish my residence and strong ties to my home country?

Also, keep in mind that a nonrefundable application fee is charges each time you apply for a visa, regardless of whether the visa is issued.