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Immigration Issues

An international student must be aware of the various immigration issues. This page provides the following information:

Important Documents and BCIS Forms:

1. Passport: A passport is the legal document issued by the home country granting permission to travel abroad and to return to the home country. Aliens seeking to enter the USA must have in their possession a valid passport. It is also mandatory that this passport be valid at all times during the stay in the USA. Normally, a passport must be valid for at least six months into the future.

2. Visa: The United States entry visa is the stamp placed in the passport by an American Consul permitting one or several entries into the USA within specified time period and classification. A valid visa alone is not sufficient to gain entry into the USA. It must be accompanied by other documents such as form I-20 A-B (Certificate of Eligibility given with the admission confirmation by the University) or I-20 ID (student) copy. Regardless of visa classification, an Immigration Officer at the port of entry will make the final determination of admission.
It is important to remember that the visa stamp affects only the entry into the US; it need not remain valid while residing in the USA. The actual length of time one may remain in the USA and the visa classification are cited on the Arrival/Departure Record (I-94) and I-20 ID (student) copy (F-1 students) .However, if a student should plan a trip outside of the USA, he/she should check whether the visa would still be valid at the time of planned re-entry. If not, the student will be obligated to reapply for a new visa at the US Embassy or Consulate in the home country. It is not possible to obtain a student visa in a country other than your own.

3. Departure Record: The Departure Record, commonly known as an I-94, is a small white card stapled in the passport by an BCIS office during the entry into the USA. It specifies the exact amount of time one will be permitted to remain in the USA and what immigration status one will have during that stay.

4. I-20 ID (Student) Copy: Upon initial entry to the USA, each F-1 visa International student will be issued an I-20 ID (student) copy. The I-20 ID (student) copy consists of pages 3 and 4 of the Certificate of Eligibility (I-20 AB). This document includes BCIS Identification number (which identifies a student to Federal authorities throughout his/her stay in the USA) and also reflects all notations regarding extensions, school transfers, work authorizations, or practical training. This document, unlike the I-94 will not be taken from the student when he/she departs from the USA. The students should make certain to keep it in a safe place as it is a permanent document which must be furnished to an BCIS officer each time he/she enters the USA.

5. Certificate of Eligibility for Non-Immigrant (F-1) Student Status: The Certificate of Eligibility commonly referred to as I-20AB is a document issued by an BCIS approved school certifying that a student has been admitted as a non-immigrant F-1 visa student. A student is required to produce this I-20 AB when applying for an F-1 (visa) and when entering the USA.

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Entering the USA

You should arrive at your US port of entry with the following documents:
1. The visa (stamp in your passport) issued by a US consular officer.
2. The form I-20 AB issued by CSUS and/or your properly endorsed I-20 ID (student) copy.
3. A valid passport
4. Copies of the financial documentation, which you provided to the US Consulate Office in order to obtain your US Visa.
5. If you have attended another educational institution in the US it is recommended that you also have a copy of your academic record.
An immigration officer will review these documents and determine whether you can be admitted to the USA. If the immigration officer approves your entry, he will issue you an I-94 and will return a portion of your I-20.
CONTINUING STUDENTS WHO ARE PLANNING TO LEAVE TEMPORARILY THE UNITED STATES FOR A VACATION MUST VISIT THE FOREIGN STUDENT ADVISOR PRIOR TO THEIR DEPARTURE, SO THEY CAN BE ADVISED ABOUT IMMIGRATION DOCUMENTS REQUIRED FOR RE-ENTRY AND OBTAIN THE REQUIRED SIGNATURES.
PREVENTING IMMIGRATION PROBLEMS
In order to maintain your status as an F-1 or J-1 visa student and thus prevent some very unpleasant problems, it is imperative that you remember the following:
1. You must attend the school authorized by the Immigration and Naturalization Service (now BCIS)during your entry into the United States. You may not attend another school unless you obtain permission from the appropriate school authorities.
2. You must maintain "full-time" student status during each of the regular semesters (August - December and January - May). You do not have to attend school during the summer or Christmas breaks, for the remaining units you need in order to graduate.
3. You may not work off-campus unless authorized to do so by the BCIS or the TAMIU Designated School Official. Part-time, on-campus employment is permitted for full-time international students in good academic and immigration standing.
4. You may not transfer to another school without obtaining prior approval from the university to which you are transferring or an BCIS officer (at the port of entry or at a field or regional office) depending on the nature of the transfer.
5. Your passport must be valid at all times.

6. You must apply for a program extension during the 30-day period proceeding the expiration date of you I-20.
7. Visit you international student advisor before each and every trip outside the US or before each contact with a US BCIS officer.

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Duration of Status(D/S)-Program Extension

1. All F-1 visa students entering the US are granted Duration of Status (D/S). Duration is defined by the BCIS as "the period during which the student is pursuing a full course of studies in any educational program (e.g. elementary or high school, bachelor's or master's degree, doctoral or post-doctoral program) and any periods of authorized practical training, plus sixty days within which to depart the United States." "An F-1 student who continues from one educational level to another is considered to remain in status, provided that the transition to the new educational level is accomplished according to appropriate transfer procedures."
Thus, D/S implies that as long as you remain in good standing with BCIS (are a full-time student, do not work without a permit, remain within the time restrictions (for each degree) stipulated by BCIS and listed on your I-20, and follow the appropriate BCIS transfer procedures), you may continue your studies without the need to apply for a Program Extension.
2. Program Extension for F-1 Visa Students and F-2 (Spouse & Children of Student). Since you are authorized to remain in the United States as long as you maintain your student status and continue to make normal progress towards your degree objectives, you will be required to petition for an "Program Extension" only if:
a. You cannot complete your program of study before the estimated completion date on your I-20 AB
b. You are required to file a petition for reinstatement to student status (if you have been "out of status" for one reason or another and wish to obtain permission from BCIS to continue your studies).
In order to apply for a "Program Extension," you must:
a. Contact the DSO thirty days before the completion date on your original I-20 to obtain a new I-20 valid until your estimated date of graduation.
b. Obtain a letter from your academic advisor or other professional explaining the reasons for the delay in your graduation.
c. Attach copies of I-94, I-20, new I-20 along with your passport, and the letter from your faculty advisor (or other professional).
d. Request your international student advisor's assistance.
IT IS RECOMMENDED THAT YOU KEEP IN A SAFE PLACE, COPIES OF YOUR PASSPORT, I-94, I-20 ID (STUDENT) COPY, AND OTHER IMMIGRATION DOCUMENTS INCLUDING ALL APPLICATION FORMS WHICH YOU TURN IN TO THE BCIS. SHOULD YOU OR THE BCIS LOSE ANY OF THESE DOCUMENTS, THEY WILL BE EASIER TO REPLACE IF YOU HAVE COPIES.

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Regulations Regarding Employment

1. Social Security Number. Before seeking employment in the US, it will be necessary for you to obtain a social security card. It can be obtained only after coming to the US and not from the home country. Check out the link below for further information on SSN:
Link:

2. F-1 Visa Holders and Their Spouses. In order to gain admittance to the United States, an F-1 visa student is required to demonstrate that he/she has sufficient financial support to pay for his/her studies. Such careful screening of financial support on the part of the US consul or officer is necessary given the number of US laws and regulations designed to prevent visiting foreign nationals from seeking employment or becoming "public citizens." However, there are a few exceptions to this "no employment for F-1 students" rule.
a. On-campus employment. F-1 visa students may seek part-time, on-campus employment (not to exceed twenty hours per week) during the academic year without securing prior approval from the Immigration and Naturalization Service. Students may be employed full-time on campus during holidays or vacation periods. It is important to note that such employment should not interfere with your academic pursuits. You will still be required to pursue a full course of study and to maintain your academic status.
b. Employment based on economic hardship. F-1 visa students who have encountered financial difficulties due to unforeseen circumstances may be eligible to apply for this part-time, off-campus work permit. In addition to being able to demonstrate clearly that financial need exists and arose as a result of unforeseen circumstances, applicants for this work permit must have been in F-1 status for one full academic year, be in good academic standing, and be able to demonstrate that the employment will not negatively impact on their academic performance.
c. Curricular Practical Training. F-1 visa international students who are enrolled in an internship, practicum, or cooperative education program at TAMIU (and receiving academic credit for the experience) may be permitted to accept off-campus employment.
In order to be eligible to apply for a curricular practical training permit, a TAMIU F-1 visa student must:
1. Be in status;
2. Have been a full-time F-1 visa student for a minimum of nine months;
3. Must be receiving academic credit for a university-supervised internship, practicum or cooperative education program.
Curricular practical training may be part-time (20 hours per week or less) or full-time, depending on the requirements of the internships or coop. Students who participate in twelve months or more of full-time curricular practical training, however, will not be able to participate in post-completion practical training (a 12 month period of training in your field after completion of degree requirements).

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Optional Practical Training (Post-Completion/12 months maximum)

Upon completion of all requirements for a degree program, F-1 visa students who have not yet used their optional practical training may be eligible to apply for up to 12 months of practical training. This training must represent a logical extension of a student's program of study (be related to his/her field of study and appropriate for his/her level of education).
In order to be eligible for post-completion practical training, a student must have maintained F-1 visa status for at least nine months. You must apply for post-completion practical training during a period beginning 120 days prior to your anticipated date of completion, and ending 60 days after the completion of your studies. If you fail to apply during this period, your application will not be adjudicated.

The following link of BCIS would give you more current information:

http://www.immigration.gov/graphics/howdoi/academic.htm

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