In this week's Consulta Migratoria® column I answer a reader's question and explain what it is, who is eligible, and how to obtain an F-1 visa that allows you to study for a university degree in the United States.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
This is the column:
I have a brother in Mexico who wants to study computer engineering in the United States and return to his country to practice his profession. He is one of the top students in high school and speaks English very well. Although our financial resources are limited, we want to help him achieve his dream. Is there any kind of visa that would allow my brother to travel legally to the U.S.? - Dinora L.
Dinora, every year thousands of foreign students travel legally to the United States to study for a university degree. Generally, the F-1 visa is required to carry out this kind of studies in the U.S.
The application process for the F-1 visa generally begins when the student applies for admission to the U.S. university of his or her choice. The university must determine whether the student wishes to attend school full-time and possesses the necessary academic qualifications for the degree program and sufficient financial resources.
The university issues a certificate of eligibility (Form I-20) when it finds the student eligible for admission. This certificate verifies that:
1. The student has provided a written request for admission to the academic program;
2. The school has evaluated the student's application, school grades or other documents that demonstrate the applicant's academic record, evidence that the person has the ability to pay all costs, and any other supporting documents; and
3. That the student meets all requirements for admission to the academic program and has been accepted for enrollment in a full-time academic program leading to a university degree.
If your brother is able to obtain a Form I-20 from an academic institution in the United States, he will be able to apply for an F-1 visa at the U.S. consulate in Mexico using Form DS-160. In addition, your brother must:
Submit the Form I-20 issued by the academic institution.
2. Submit evidence that demonstrates that you are a qualified student to pursue undergraduate studies on a full-time basis.
3. Provide evidence of financial resources to cover the full cost of the university course.
4. Demonstrate that you will study at the academic institution that issued the Form I-20.
5. Demonstrate that he/she has a residence abroad to which he/she will return upon completion of university studies.
6. Clearly demonstrate that you do not intend to remain in the United States permanently.
If your brother is married, his wife and children may be able to travel with him if the consulate grants them an F-2 visa. They will have to show that they have the resources to support themselves in the United States and that they will not be living permanently in the United States.
It is extremely important not to lie during the visa application process. The U.S. government severely penalizes people who attempt to obtain immigration benefits through fraud.
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