Students May Apply for Visas a Little Earlier
Posted Mar 17, 2006
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The U.S. Department of State (DOS) issued a cable in February 2006 that will allow a student and her/his dependants to obtain their visas 120 days in advance of the start of the academic program. This cable indicated that an individual seeking initial entry to the U.S. as a student or the dependant of a student, on the F-1, F-2, M-1, or M-2, may be issued a visa up to 120 days in advance of the start date listed on the primary applicant's SEVIS I-20 Form. This does not mean, however, that the student and his/her family is allowed to enter the U.S. 120 days in advance. Even if the visa is issued early, the applicant cannot enter the U.S. more than 30 days before the start date indicated on the SEVIS I-20 Form issued by the school. The Department of Homeland Security (DHS) may issue an interim or final rule in the near future, increasing this period to 45 days. For the time being, however, the rule is 30 days.
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A person who previously has entered the U.S. in F-1, F-2, M-1, or M-2 status may apply for a visa and enter the U.S. at any time, as long as s/he is maintaining status as a continuing student, or the dependent of a student, and the SEVIS records are up to date. A J-1 or J-2 can also receive the visa at any time, but an initial J-1 or J-2 currently can only enter up to 30 days in advance of the start date. This timeframe may also be extended to 45 days, if and when the DHS issues the interim or final rule mentioned above.
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At the Murthy Law Firm, we recommend that students take advantage of this longer period and apply for their visas as early as possible. Many students get stuck in background checks and experience other delays. Filing early should help many by ensuring that they have their visas well in advance of their start dates, so that no classes are missed or, even worse, that they do not lose out on the opportunity to study in the U.S. for an entire term or, possibly, forever.