There are three types of visas available to allow foreign students to study in the United States. The two types discussed here are the F visa (academic students) and the M visa (nonacademic students). The visas are for a limited duration and the students using them must meet certain requirements to be able to stay in the United States. In some cases, a foreign student studying in the United States is permitted to bring his or her spouse and/or children.

What Type of Student Can Come?

The United States is happy to have students come to study here - as are American schools. There are three possible types of visa to get to study here. One, the J visa, is discussed under the exchange visitor topic. The other two are F visas, for academic students, and M visas, for nonacademic students. Examples are students in flight schools, beauty schools and other vocational programs. Students coming for language programs would get F visas. Other F visa students would be coming for elementary school, high school, college  or graduate school. However, F status is not available for a secondary school student for more than a year, and the student must pay the school the full cost of being in the school. The student can't attend elementary school or adult education.

A special type of student is the border commuter student. This student has an F-3 or M-3 visa. These are students who live in Mexico or Canada and take classes at schools in the United States.

How Long Does the Visa Last?

When the F student arrives in the United States, the inspector will give him a paper that says he is allowed to stay "D/S," which stands for "duration of status." That means that he can stay as long as he is taking a full course at the school approved to have him. After finishing that course, the student may have 60 more days to pack and leave or to arrange to move on to further studies. However, if he breaks the rules - say, by working when he shouldn't, or by committing a crime - he is no longer "in status" and must leave the country.

This can make problems, because there is no clear time when the student must leave. There are times when a student can drop below a full course load, but they usually involve health problems or trouble adjusting to the difficulty of the courses. The school official who helps foreign students, called the "Designated School Official," can help explain whether a student can take less than the usual course load.

An M student also can stay for the time needed to finish the course, plus time for "practical training." The M student is also given 30 days to pack and leave, but the total time cannot be more than 12 months. The student must be a full-time student or in practical training, or is out of status.

Can I Bring in My Wife, Husband or Children?

Yes, they can come in on F-2 visas. The children must be unmarried and younger than 21 years old. Neither a spouse nor a child can work or attend school except "recreational classes," except that children can attend kindergarten through high school.

Questions for Your Attorney

  • If I don't like the school, can I transfer to another?
  • Can I travel outside the United States and return while a student?
  • What happens to me if I fall "out of status"?
  • Can I come to the United States as a visitor, then decide to stay and go to school, or do I have to get my F or M visa at a U.S. consulate before I travel?
  • Can I take a school term off and still use my visa?