J-1 Immigration Workshop

Download Report

Transcript J-1 Immigration Workshop

HOW THE VISA
PROCESS WORKS…
International Center
Pfeiffer University
V
i
s
a
The Process..Step 1
• Submit all documents needed by the
Admissions Office to formally accept you
into a program at Pfeiffer.
• Submit proof of financial support
• Submit proof of English proficiency
• An I-20 will be prepared and mailed to you.
The Process…Step 2
• Pay the $100 SEVIS fee
• For more information, Go to:
www.fmjfee.com
–
–
–
–
Use I-901 Form
Pay online using a credit card (quickest way)
Pay by mail with funds drawn on U.S. bank
Pay by Western Union
• SAVE THE RECEIPT!
The Process…Step 3
• Wait until 3 days AFTER you have paid the SEVIS fee before
going to the embassy/consular office
• A personal interview is required
– Be prepared to convince the officer that you intend to
return to your home country
– Expect that the interview will be conducted in English
• Take the following with you:
– I-20
– Acceptance Letter
– Passport
– Financial Support Documentation
– SAT or TOEFL scores
– School Transcripts
– Evidence of your intent to return home after you finish
your degree (land ownership, promise of a job, strong
family ties, etc.
VISA
•
The visa page put in your passport by the U.S
consulate/embassy abroad is needed to enter
the U.S. The visa shows the latest date on which
you can apply to enter this country. It does not
show how long you can stay here.
•
When you arrive at the “port of entry” (U.S.
airport), the Immigration Inspector examines
your passport, your visa, and your I-20, and
determines whether you are admissible and how
long you can stay.
Visa Renewal
•
It is necessary to renew your visa only if:
•
You plan to leave and re-enter the U.S.
after your visa has expired
•
You are going to a country other than
Canada, Mexico, or any of the islands in
the Caribbean Sea (except Cuba). DO NOT
try to renew your visa while visiting these
countries.
•
Note: your I-94 is used to gain entry into
the US from these countries. So, you must
have it when traveling there.
I-94:
Arrival Departure Card
I-94
The I-94 shows that you have been lawfully
admitted to the U.S. The I-94 is usually
stapled onto the U.S. visa page of your
passport. It contains an 11-digit identifying
number (called your admission number) that
USCIS uses to keep track of your arrival in
and departure from the U.S.
Expiration of Stay
If there is a date written in the upper right corner of
your I-94, you must leave the U.S. by that date or
apply to extend your stay. If there is a date on your I94, CONTACT THE INTERNATIONAL CENTER
IMMEDIATELY.
Your I-94 should have the inscription “DS” (duration
of status).
Duration of Status (D/S)
• Most F-1 students have permission to remain in
the United States for what is known as “duration
of status” which is noted on the I-20 and the
form I-94 as “D/S.”
• Duration of status is defined as “the period
during which the student is pursuing a full course
of study.. and any period of authorized practical
training, plus sixty days within which to depart
from the United States.”
• F-1 students must make academic progress
toward a degree to keep valid status.
Status vs. Visa
 Visa:
A stamped page inside the passport issued
by the US embassy or consulate. You only need it to
enter the U.S. after traveling outside the country.
Your visa can only be issued outside the U.S.
 Status: This is your legal state inside the U.S. It is
given to you by BCIS at the port of entry and
recorded on your I-94 card.
NOTE: Your status is whatever visa you show the immigration
officer at the airport. For example, if you show the
officer your B1/B2 (visitor) visa, you have entered the
country as a visitor and not a student!
I'm Out-of-Status
What are the Options?

Students who violate the terms of their visa are
out-of-status

Apply directly to Immigration through the mail
requesting reinstatement back into status (not
available for all violations)

Leave the country with a new I-20 form and
reenter if permitted
Can an Out-of-Status
Student Regain Legal Status?


Students may apply to USCIS for
reinstatement of status only if the
violation resulted from circumstances
beyond his control.
Students will have much more difficulty
receiving reinstatement if out of status
for more than 5 months. Reinstatements
will only be approved if the delay was
beyond students’ control.
Unlawful Presence
• If you are out of status and caught by
authorities, the following penalties apply if
you continue to remain inside the US:
• Less than 180 days: no penalty
• From 180-365 days: 3 year bar from
re-entering U.S.
• More than 1 year: 10 year bar from reentering U.S.
Immigration Attorneys
• Immigration lawyers can be extremely helpful because they
should know the latest laws and have skills in handling
complicated immigration issues.
• To find a good immigration lawyer, check with the local bar
association.
• If you need a lawyer to start the immigration process from
outside the U.S., the American consulate or embassy may be
able to help you.
• In all cases, shop around, and be careful about paying high
fees at the first meetings.
NOTE: There is a difference between “immigration” attorneys
and “criminal” attorneys. Criminal attorneys are
specialized in criminal law procedures. Seek the advice
of a criminal attorney for cases involving criminal
offenses like shoplifting and drunk driving. We
STRONGLY recommend that students seek the advice of
a criminal attorney AND an immigration attorney if they
have been charged with a criminal offense. Criminal
charges can have serious consequences on students’
immigration status.
What if I have a question?
Contact the International Center at: (704) 463-3365
Or visit our office, located on the Misenheimer campus in
the library (top floor).
Rebecca Treece (Primary DSO)
(704) 463-3368
[email protected]
Jim Gulledge (DSO)
(704) 463-3365
[email protected]
Office hours are 8-5pm, Monday-Friday
FINAL WORDS
It is up to you to know your legal
responsibilities as an international student.
See an advisor in the International Center if
you have questions. DO NOT rely on the
advice of friends or relatives.
Keep copies of all your immigration
paperwork and passports (even expired,
out of date, or reissued)