Walker-Huntington
Q: Hello, I am a third-year business student majoring in finance. I am responding to an advert in the Saturday Gleaner of April 11, 2009. I am in my late 20s and wish to immigrate to the United States (US) to read for my masters in business administration. I also want to become a naturalised citizen. I intend to apply for a visa this summer, what would be the most suitable visa type to apply for in my circumstance?
- SC
A: The F-1 Student Visa is required for non-immigrants to study in the United States. The first step towards studying in the United States is acceptance at an accredited American College or University. Contact the schools of your choice and obtain their admission policies. Once you are accepted by a US school, you will receive the Form I-20 that will outline your course of study, start date, cost for tuition, books and room and board.
With an I-20 you can apply for the student visa at the US Embassy. A student visa is a non-immigrant visa and the applicant must overcome the presumption that they intend to migrate and prove to the consular officer that they intend to return home once their course of study is completed. An applicant for a student visa also has to prove to the consular officer that they possess enough funds to finance their studies. The funds can be the applicant's or anyone else's, who will pledge those funds towards the applicant's studies. An F-1 student is not allowed to work in the US while pursuing their studies, except for a minimal amount of hours per week on their college campus.
Non-immigrant status
If a person is in the US, pursuant to lawful entry in a non-immigrant status, they can apply to change their status from e.g. a visitor to a student. No attempt at changing status should be made within the first thirty days of arrival in the US or it will be presumed that you intended to change your status when you arrived.
An F-1 student must maintain full-time study at their college or university or risk being reported to the Department of Homeland Security. F-1 student status is highly scrutinised and new systems have been implemented since the September 11, 2001, attacks by terrorists on the US. Many of the men identified as the attackers on '9/11' were in the US after being granted F-1 student visas.
Once your course of study is completed in the US, the F-1 status allows you to obtain a one-year Work Authorization (Permit) to gain practical training in the US in your selected field of study. This period is commonly referred to as Optional Practical Training (OPT).
During the OPT some persons are offered permanent positions with their employers. If the employer wishes to hire the OPT employee, they must petition for either a temporary work visa (H-1B) or seek to hire the employee permanently through Labor Certification. If the employee is hired and obtains permanent residency through their employer, after five years they can petition for US citizenship.
While on OPT you can seek employment with anyone but they would have to petition for a temporary work visa to enable you to work with them upon the completion of your OPT.
Of course, while in the United States in F-1 student status, you could also obtain permanent residency and eventually citizenship if you had a qualifying relative, who could file to change your status, eg a United States citizen spouse.
Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practices law in Florida in the areas of Immigration, Family, Corporate & Personal Injury Law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. Send your questions to editor@gleanerjm.com or info@walkerhuntington.com or fax: Immigration Column, 922-6223.
