Based on my research, it is not possible to obtain a student visa (F-1
or M-1) from a school that is not approved by USCIS. However, that
does not necessarily mean that you cannot attend the school using a
different type of visa associated with a different immigration
classification.
Some experts maintain that you should not bother with unapproved
schools. You would certainly find it easier to obtain permission to
study in the United States if you worked with a school that is
approved.
Before you pursue a different immigration classification other than a
student visa, I encourage you to contact a qualified immigration
attorney to assist you in identifying an appropriate course of action
for your situation.
Alternatively, you could try to get the school to pursue approval.
However, given the increasing complexity of dealing with international
students, a small school may not be interested in becoming approved.
Good luck to you.
Sincerely,
Wonko
Sources:
"Foreign students seeking to study in the U.S. may enter in the F-1 or
M-1 category provided they meet the following criteria:
The student must be enrolled in an "academic" educational program, a
language-training program, or a vocational program;
The school must be approved by U.S. Citizenship and Immigration
Services (USCIS);...."
"Students" U.S. Citizenship and Immigration Services (March 22, 2006)
http://www.uscis.gov/graphics/services/tempbenefits/StudVisas.htm
"How Do I Apply if I am Outside of the United States? You first must
apply to study at a USCIS-approved school in the United States. When
you contact a school that you are interested in attending, you should
be told immediately if the school accepts foreign national students."
"How Do I Become an Academic Student in the United States?" U.S.
Citizenship and Immigration Services (June 1, 2006)
http://www.uscis.gov/graphics/howdoi/academic.htm
"The first step for someone interested in coming to the U.S. to study
is to contact a school that has been approved by the United States
Citizenship and Immigration Service (USCIS) and find out if they are
accepting foreign students. Schools that are approved by the USCIS
include schools that operate as public educational institutions run by
federal, state or local governments and schools that have been
accredited by a nationally recognized accrediting agency. Schools not
fitting these categories may also get USCIS approval but they are not
approved automatically. If the USCIS-approved school accepts the
student the student will get a document that they can bring to the
nearest U.S. Consulate to apply for a visa."
"Studying in the United States" Law Office of Susan W. Scheer (2006)
http://www.susuanscheerimmigration.com/DynamicContentPage_2.shtml
"The first thing you need to do is to locate a USCIS-approved school.
Many American universities, colleges and other academic institutions
are well acquainted with the F-1 visa process, but it is important to
ask them upfront if they are an approved school and if they are
currently accepting international students. You don?t want to waste
your time and money pursuing a school that is not approved."
"U.S. Student Visa: How to Obtain an F-1 Visa to Study in the United States"
by Peter J. Loughlin (2006) http://www.malet.com/student_visa_requirements.htm
This school's policies give you an idea of immigration classifications
you could have that would allow you to study in the United States
without receiving a foreign student visa from the school:
"International Student Status
WATC requires that applicants who are seeking admission to WATC and
are not U.S. citizens meet one of the following criteria:
1. Be a noncitizen national. Applicants must provide a passport
stamped ?Noncitizen National.?
2. Be a US permanent resident. Applicants must provide one of the following:
a. Alien Registration Card. This document must be current and not
expire during their registration at WATC.
b. Passport. Applicants must produce a passport stamped ?Processed for
I-551? with a valid expiration date.
c. I-94. The student must provide a passport stamped ?Processed for
I-551? with a valid expiration date, or ?Temporary Form I-551? with
the appropriate information completed.
3. Other eligible noncitizen.
a. Temporary Resident Card (I-699). Applicants must provide this
document with a valid expiration date.
b. Arrival-Departure Record (I-94). Applicants must provide this
document stamped ?Refugee or Asylum Status,? ?Conditional Entrant?
(before April 1, 1980), ?Parolee? or ?Cuban-Haitian Entrant.?
4. Student VISA of M-1 or F-1. Applicants must provide this valid
document along with a letter from their sponsoring institution
verifying the applicant?s current registration. A current schedule of
full-time (12+ credit hours) registration must also be provided. M-1
or F-1 applicants are not eligible for federal financial aid and are
assessed the nonresident tuition rate.
5. Work Authorization Card. Applicants must provide this document with
a valid expiration date. Applicants must also provide a letter from
their employer verifying their employment and indicating that the
coursework is relevant to their continued employment. Work
authorization status is not eligible for financial aid.
Applicants not born in the US or who graduated from a foreign school
must provide one of the following documents for verification:
1. Certificate of Citizenship. This certificate should include the
applicant?s name, certificate number and the date the certificate was
issued ? older versions of the certificate instruct the holder not to
photocopy them, but USCIS has advised that these documents may be
photocopied if done for lawful purposes.
2. Certificate of Naturalization. This certificate should include the
applicant?s name, certificate number, Alien Registration number, the
date and name of the court where naturalization occurred ? older
versions of the certificate instruct the holder not to photocopy them,
but USCIS has advised that these documents may be photocopied if done
for lawful purposes.
3. Certificate of Birth Abroad (FS-545, DS-1350 or FS-240, Reports of
Birth Abroad). Applicant must provide one of the listed documents,
which include an embossed seal with ?United States of America? and the
?State Department? on them.
4. US Passport.
WATC is not approved by the United States Citizenship and Immigration
Services (USCIS in the Department of Homeland Security) to accept
applicants who are seeking admission through a foreign student visa,
and WATC does not issue I-20s.
All citizenship documents are copied and mailed to the Department of
Homeland Security to determine authenticity. This process takes
approximately one week, after which applicants are notified of their
admission status."
"Admissions" Wichita Area Technical College
http://www.watc.edu/learnerservices/admissions.html
The following two charts provide information about whether or not it
is legal to study in United States under each type of visa. Since the
immigration rules are constantly changing, I again encourage you to
contact an immigration attorney to verify specifics relating to visas
you may be eligible to apply for.
"U.S. Immigration Classifications and Their Relationship to University
Enrollment and Employment" University of Iowa (January 28, 2004)
http://intl-programs.uiowa.edu/OISS/documents_pdf/immigration_class.pdf
"Immigration Classifications Chart" University of Idaho
http://www.webs.uidaho.edu/ipo/intlscholars/documents/IMMIGRATION%20CLASSIFICATIONS%20CHART.pdf |
Request for Answer Clarification by
zafio00-ga
on
29 Jun 2006 03:42 PDT
"Based on my research, it is not possible to obtain a student visa (F-1
or M-1) from a school that is not approved by USCIS. However, that
does not necessarily mean that you cannot attend the school using a
different type of visa associated with a different immigration
classification."
wonko, I apreciate your effor, but I need a practical solution to my
problem, You recomend just getting another type of visa, because as an
American, you are unaware of it's difficulties. I have a B1/B2 visa,
but that will only help for a few months,whatever the immigration
officer wants it to last.
Other, more permanent type of visas requier huge investments, special
skills, or getting married, non are an option to me. I'm a young
student, that is my only true reason to visit the US.
Your links are worthless to my situation. I made the question, not to
enjoy reading a sudo-answer. I REALLY need an answer. Please remove
your answer and let someone else try to find information that will be
usefull to me.
Respectfully,
zafio00
|
Clarification of Answer by
wonko-ga
on
30 Jun 2006 10:11 PDT
I appreciate the difficulties you face. However, the policies of the
United States regarding student visas are what they are, and they have
only grown stricter during the past few years subsequent to the
September 11 attacks. According to all of the sources I consulted,
you cannot receive a F-1 or M-1 visa unless the school is approved to
issue it. Since the school you want to attend is not currently
approved to issue it, you have three choices:
1. Convince the school to get approved to issue student visas and get one from it.
2. Obtain another type of visa or otherwise change your immigration
status to one of the types listed as being acceptable to Wichita Area
Technical College. Of course, you should verify with the college you
are interested in as to what foreign students statuses they will
accept.
3. Pursue a different school that is approved to give you the student
visa you want. Provided that you go there full-time, you would be
eligible to take classes at the other school if it agrees to let you.
As much as you hope that there is some kind of loophole you can
exploit to get a a F-1 or M-1 visa without sponsorship from a school,
I am unfamiliar with one and was unable to find one. All of the
sources I consulted agree on that point, with several strongly
advising foreign students to not waste time pursuing unapproved
schools. I have researched several questions of this type in the
past. The policies of the United States regarding student visas have
been tightened considerably, and I seriously doubt any such loophole
exists.
Given your situation, I strongly encourage you to consider pursuing a
different school that can give you a student visa if it is not
possible for you to obtain a different type of visa or otherwise
change your immigration status. I am afraid that what you are trying
to do is simply not possible. Of course, I strongly encourage you to
consult an experienced immigration attorney if you are determined in
your course of action since Answers are not intended to substitute for
informed professional legal advice.
Sincerely,
Wonko
|
