Hello, pepelaz-ga!
I certainly understand your desire to have your girlfriend close by
while you are studying this year. I also understand your confusion
over what type of Visa might work for her this time around. The many
ins and outs of the Visa process are enough to make anyone's head
spin!!!
I thought the best approach to tackling your question would be to
highlight those Visas that "might" enable your girlfriend to visit the
United States while you are in college. I emphasize the word "might"
since I am not an immigration lawyer or advisor. I advise you to
continue consulting with a lawyer if possible to obtain a legal
perspective on how the following suggestions might work.
==
Immigration.com is an extremely comprehensive website concerning
immigration issues and Visa questions. For an overview of the many
Visas applicable to specific situations, you can look at the chart on
the following webpage. You can click on each Visa type for specific
information:
http://www.immigration.com/faq/
==
Also, please refer to FAQ portion of the United States Embassy in
Ukraine for excellent information about the Visa process:
http://www.usemb.kiev.ua/visa_faq_eng.html
Information about the Visitor's Visa is also helpful, since that might
be feasible consideration:
http://www.usemb.kiev.ua/visa_faq_howtoapply_eng.html
==
The following suggestions might be workable. Again, as I stated in my
previous clarification, you will need to do some legwork to help make
these options a reality!
====================================================
APPLICABLE VISAS - B-1, Visitor's Visa (B-2), and F-1
====================================================
B-1 VISA - to be used for another internship or possibly volunteer
work:
========================================================================
http://www.immigration.com/faq/bvisa.html
This Visa "might" apply if your girlfriend can benefit from some type
of internship or you can find her a position in a non-profit volunteer
agency. You had mentioned she might be interested in perfecting her
English skills. How about perfecting her English in a counseling or
school setting? Is she presently employed in the Ukraine, or does she
have a potential employer in mind upon her return that would be
willing to give her a written letter stating the validity of her
internship in the US?
** Do you have any local contacts at the University or surrounding
elementary or high schools that might be willing to sponser her in an
internship? How about in the counseling center of the University?
**Are there any non-profit volunteer agencies in Nashville that would
be amenable to sponsoring her?
Refer to the Vanderbilt University Office of Community Activities:
http://www.vanderbilt.edu/volact/ovaagencies.html
Examples:
Susan Grey School for Children
http://www.vanderbilt.edu/kennedy/sgs/
http://www.vanderbilt.edu/kennedy/sgs/sgs_volunteer.html
Healing Hands International
http://www.hhi-aid.org/about.asp
Recent shipments have gone to Ukraine. Perhaps your girlfriend could
donate her time in an administrative capacity.
Remember, potential sponsors are getting the benefit of her help for
"free" while she is perfecting her English in a setting applicable to
her job interests.
What is the general US rule regarding B1- Status?
-------------------------------------------------
"B-1 visa holders cannot take up work in the U.S. The general rule is
that the activities of the B-1 person in the U.S. must be for the
benefit of the foreign employer. As the State Department's Foreign
Affairs Manual (FAM) puts it, "Engaging in business contemplated for
B-1 visa classification generally entails business activities other
than the performance of skilled or unskilled labor."
What are the documents to be carried by B-1's?
----------------------------------------------
" B-1 visa holders should carry with them the documentation (such as a
company letter) that they used to obtain the visa, in case they are
asked at the port of entry about the purpose of their trip."
** Are there any other circumstances that a B-1 visitor can work?**
--------------------------------------------------------------
"Certain B-1 visitors may perform work here under certain narrow
circumstances. Some examples are missionaries,
***volunteer workers for non-profit entities,***
certain domestic servants whose employers are not U.S. residents, and
certain airline employees, among a few others.
++++++++
VISITOR'S VISA (B-2) (with possibility of extended stay)
=======================================================
Information about the Visitor's Visa from the US Embassy in Ukraine:
http://www.usemb.kiev.ua/visa_faq_howtoapply_eng.html
** Do you know anyone who would be willing to sponsor your girlfriend
on a Visitor's Visa?
Excerpted information about the Visitor's Visa from Immigration .com
http://www.immigration.com/faq/visitorsvisa.html#385
What documents should I send to sponsor for a visitor's visa?
-------------------------------------------------------------
1. Statement from your employer, on business stationary,
Showing:
a) Date and nature of employment.
b) Salary Paid.
c) Whether position is temporary or permanent.
2. Letter from the Bank, giving the following details:
a) Date on which the account opened.
b) Total amount deposited for the past year.
c) Present balance.
3. Get I-134 notarized in your bank [$1 fee for notarization]. You can
get I-134 from BCIS (INS) or your international student office. I
think you can use xerox copies of this form.
4. Letter from you stating that you will take care of their expenses
in USA.
5. Visitor fee $100 each (this might have changed)
How can I extend a visitors visa? Which form needs to be filled? What
supporting documents need to be sent along? What is the fee?
-----------------------------------------------------------------------
a) I-539 (Extension of stay/change of status)
b) Reason for asking for extension, proof of financial support
(i.e. you have enough financial resources to take care of them),
c) copy of their return tickets (to show that their stay is
temporary).
d) The fee is only $120 including all applicants
** Read further concerning when the dates for extension should be
filed and the timeframe involved.
Can the immigration officer at the port of entry (or any other BCIS
(INS) officer) cancel the B1/B2 visa? If so, on what grounds?
--------------------------------------------------------------------------------
"The BCIS (INS) can refuse entry (which functionally amounts to the
same thing as canceling a visa). That happens mostly when the BCIS
(INS) discovers something that is contrary to your declared intention
in getting the B-1/B-2. Typical example: you have a fiance(e) in the
U.S. BCIS (INS) discovers love letters (long, mushy ones) in your
documents. Or during conversation with an BCIS (INS) officer you let
slip that you are planning to get married in the U.S."
"Legally, there is a bunch of grounds such as past criminal
convictions, **past immigration violations, certain diseases etc.
Technically called "grounds of exclusion", that can bar ones entry
despite possession of a valid visa."
** This is where your girlfriends previous extension violation might
surface! **
++++++++++++++
F1 VISA Information pertaining to academic programs:
===================================================
http://www.immigration.com/faq/fvisa.html
(There are a lot of questions and answers, so read through any others
that might apply)
What financial requirements must be met to receive an F visa?
------------------------------------------------------------
"The applicant must demonstrate adequate financial support to cover
him/her
through the entire academic program will be available and that
adequate
funds are currently available for the coming academic year. Acceptable
evidence may include school financial aid, personal and family funds
and
government assistance. Anticipated earnings from employment during
school
may not be used to show adequate financial resources.
What are the procedures for applying for an F-1 visa ?
----------------------------------------------------
"Unlike most non-immigrant visas, it is not necessary to obtain prior
clearance from the BCIS (INS). Rather, the student must obtain an I-20
A-B
Certificate of Eligibility from the school where the student intends
to
enroll and submit together with the OF-156 Non-Immigrant Visa form and
supporting documentation regarding financial resources evidencing
an intent to return to the students home country to a U.S. Consulate
in the students home country. After the visa is issued, the student
applies at the U.S. border for admission. If the applicant is already
in the U.S. in another non-immigrant status, the student applies to
the BCIS (INS).
How long can I stay on an F-1 visa ?
-----------------------------------
"Foreign students are permitted to stay in the U.S. for the entire
period of
enrollment in an academic program
**
plus any period of authorized practical training and a 60-day grace
period to depart the U.S.
**
"The whole period is normally referred to as duration of status and is
noted on the I-94 as D/S. The student must complete the academic
program prior to the date of expiration listed by the designated
school official on the I-20AB (a form issued by the school). Do note,
however, that you must carry a full time course load (except if you
are in your last semester of study)."
Can I pursue an F-1 visa if similar training is available in my home
country?
-------------------------------------------------------------------------------
"Yes. However, to pursue practical training, such training must not be
available in the aliens home country. In most cases, however, BCIS
(INS) does
not make a big issues of it."
What if I am unable to complete my program by the time indicated on my
I-20AB?
------------------------------------------------------------------------------
"You must apply to your foreign student advisor for an F-1 extension
within 30 days preceding the expiration of your I-20AB. You are
eligible for an extension if 1) your application is timely; 2) you
have maintained your status without violation; and 3) you can
demonstrate that the need for an extension is due to compelling
medical or academic reasons.
Am I in status if I do not study during my schools summer vacation?
-------------------------------------------------------------------
"Yes, if you are eligible and intend to return to school in the next
term. You may take a vacation at any point after an academic year is
completed, but two vacation terms may not be taken consecutively and
vacation time may not be accumulated.
How do I apply for F1 status?
------------------------------
Contact schools for the application materials. Each school has a
Designated School Official (DSO), often referred to as the
International Student Advisor, who can help you with the process,
advise you if any English language proficiency tests may be needed,
and so forth. The DSO fills out a form called an I-20 that indicates
the expected duration of the study program, the costs, and other
information. These items have to be submitted to the U.S. consulate in
the F1 visa applicant's home country, if applying for the F1 visa
overseas, or to BCIS (INS) if applying for a change of status to F1
while in the U.S.
Is working permitted on a F1 Visa?
---------------------------------
"You will be authorized to work for a specified period of time only if
you are granted either Optional Practical Training or Curricular
Practical Training.
==
Since the deadlines for Certificate Programs at local community
colleges have passed, enrollment in an English Immersion program is
one possibility.
INTENSIVE ENGLISH LANGUAGE PROGRAMS - F1 Visa
==============================================
Vanderbilt University - English Language Center
http://www.usjournal.com/en/students/campuses/vanderbilt.html
"Students come to Vanderbilt's English Language Center for various
reasons:
to prepare for academic study in a U.S. university
to improve current academic performance
to prepare for business and professional careers
to develop conversation and social skills
to learn about U.S. life and culture
Cost for one term - $3200 (This cost could be cut way down if she did
not live on campus)
Cost for two terms - $6380 (Cost cut in half is she did not live on
campus)
"ELC's intensive program provides full-time English learners with 20
hours or more per week of instruction during all terms except for the
shorter Summer II term, when it provides 25 hours per week. Students
with I-20s (Certificates of Eligibility for F-1 visas) from the
English Language Center must be enrolled full-time."
http://www.usjournal.com/en/students/campuses/vanderbilt.html#elc
==
University of Tennessee - Knoxville
http://www.outreach.utk.edu/eli/default.html
A 3-Hour drive from Nashville - approximately 180 miles!
Only the Spring 8-week term would be applicable since Fall term has
already started.
English Language Institute at the University of Tennesse, Knoxville
http://www.outreach.utk.edu/eli/calendar.html
8-week intensive program - Cost $3705
ELI Terms 2003-2004
Fall I, 2003 August 20-October 14
Fall II, 2003 October 16-December 11
Spring I, 2004 January 12-March 5
Spring II, 2004 March 15-May 7
Application and Admission:
http://www.outreach.utk.edu/eli/application.html
"For the full-time curriculum, the English Language Institute accepts
students who are at least sixteen years of age, seriously interested
in learning English, and eligible for F-1 non-immigrant student
status. Applicants should return the completed Application Form of
this brochure with a check or money order in the amount of U.S.
$50.00, a non-refundable application fee, and a financial guarantee.
The ELI will then send applicants notification of their acceptance and
the I-20 Certificate of Eligibility.
Entering The United States: Student Visa Status:
"Students should apply to the ELI early in order to receive the I-20
Certificate of Eligibility. The I-20 is required for students to
obtain F-1 non-immigrant student visas before leaving their countries.
Students should not enter the United States with B-2 visitor visas
unless "prospective student" is indicated on the visas.
Students with evidence of admissibility to an academic degree program
may find their applications for student visas to be facilitated at
U.S. consulates.
The I-20 Certificate of Eligibility, by U.S. law, is valid for one
year from the date of issue. It does, however, stipulate a specific
arrival date.
** Students who cannot enter the U.S. before the specified date should
request an extension by contacting the English Language Institute.
There is no extra charge if the original I-20 is still valid. It is
required by U.S. Immigration law that a student enroll at the
institution which issues the I-20 used by the student to enter the
United States.
=====
Maryville College - The Center for English Language Learning
http://www.maryvillecollege.edu/academics/international/cell.asp
(Approximately the same 3-hour driving distance since it is right
outside Knoxville)
See website for costs, dates and admission. You do not have to attend
Maryville after completion of the Cell program.
========
Although a temporary work visa does not really seem compatible with
the time frame you have mentioned, if it is an avenue you want to
consider, please refer to the following US Immigration webpage:
http://www.usais.org/tempworkers.htm
========
Unfortunately, the unintentional overstay of your girlfriend's last
visit to the United States might prove to be the biggest stumbling
block to gaining permission for another visit.
According to Immigration.com, it is clear that there is no grace
period for a B1 Visa, which is the type of visa your girlfiend used
for her last visit:
http://www.immigration.com/faq/visitorsvisa.html#385
Q - "Please let me know if there is a "grace period" for B-1 visa."
A - "No."
==
From "Drop-Box (Non-Interview) Application Procedure. US Embassy
Ukraine:
http://www.usemb.kiev.ua/visa_appointment_dropbox_eng.html
The US Embassy in Ukraine also mentions the overstay violation in
information for those petitioners using the the "drop-box" method.
This non-interview procedure is available to holders of a "used" US
Visa who are applying for the SAME TYPE OF VISA under the following
circumstances:
1) the used visa must have expired within the last 12 months
2) the applicant must live in this Consular District (Ukraine)
3) no overstays, as proven by entry/exit stamps in passport
4) no visa refusals since last issuance
5) application not subject to administrative processing
Since Number 3 seems to be a RED FLAG, an interview will most likely
be necessary.
"If it is determined that a visa may not be issued based upon the
documents submitted to the cashier, a personal interview will be
required. All applicants should be prepared to be interviewed on the
third business day. Please note that use of the drop-box is not
mandatory for those who qualify.
==
Would written documentation from a friend, past employer or
Congressman help to explain that the overstay was a simple error
unknown to your girlfriend or her employer? Will the overstay be
noticed if she applies for a different type of visa altogether? The
only answer is to go through the process and find out!
==========
Finally, you can receive an online Immigration Consultation from the
United States Immigration Service for $35. Type in your questions on
the following website:
http://www.usais.org/immigrationhelp.htm
"Only one question per submission. Experienced immigration
professionals will review your question, perform the necessary
research, and respond to your question within 5 business days."
==
You may also obtain a higher-priced, but perhaps a more effective
consultation from the law office sponsoring the Immigration.com
website. Refer to the following page:
http://www.immigration.com/ourservice/consult.html
==
I wish you the best of luck. I hope I have given you some concise and
useful information. Most of all, I hope that you can find a workable
Visa for your girlfriend. Unfortunately, some of the one-year
academic certificate programs are no longer available because of time
constraints. However, they may still be an option for next year if you
and your "gal" can remain apart until then!
If I can be of further help, please don't hesitate to ask. I will
help if I can. However, I again recommend that you put forth these
suggestions to an immigration consultant.
By the way....Congratulations on your pursuit of an MBA at
Vanderbilt! You should be proud!
Sincerely,
umiat-ga
Search Strategy
---------------
Ukraine AND Visa to United states
Nashville AND 1 year colleges
M1 Visa AND tennessee schools
+english +immersion programs +tennessee
+Tennessee +ESL
Vanderbilt AND ELC
+nashville +nonprofit +International volunteers |
