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What’s the Best Visa for Students?

a student

What’s the Best Visa for Students?

When searching for a visa, it can be difficult to know where to start. While there are two main categories of visas in the United States, nonimmigrant and immigrant visas, there are dozens of different types of visas within those categories. So how can you know which visa is best for you?

The Visa for Exchange Students

There is a specific visa for work and study based visitors - the J visa. There are two options of a J visa, the J-1 visa, or a J-2 visa. The J-1 visa can be issued to the individual who is looking to study and gain an education in the United States. The J-2 visa may be issued to dependents or spouses of someone with a J-1 visa. Both options of the J visa are nonimmigrant visas. The J visa allows people to travel to the U.S. under various programs recognized by the USCIS. If you are issued a J visa, you can visit the U.S. to pursue your studies, as well as other extracurricular activities while visiting. However, the J-1 visa requires that you must return home after your studies and/or exchange program has ended.

What About a Dual-intent Visa?

You may have heard of dual-intent visas, where you acquire a visa with the hopes to visit the U.S. and intention to become an immigrant. A J visa does not allow for a dual-intent visa. Before you can acquire your J-1 visa, you may be asked to prove that you have no intent in staying in the U.S. after your studies. Your J visa can potentially be revoked if you intend to stay in the U.S. after your studies have concluded. Requesting to stay in the U.S. may jeopardize your nonimmigrant J-visa status agreement. So what can you do if you enjoyed your studies in the U.S. and would like to stay?

What if I Wish to Stay in the U.S.?

If you loved your time spent in the U.S. and wish to stay permanently after your studies have concluded, you have a few options. You may be subject to the two-year home-country physical presence requirement. This requirement means you must return to your home country for a cumulative total of two years. After this point - you may apply for a new or adjusted status to the U.S. However, you do have another option. You can submit a J visa waiver to the U.S. Department of State, who may choose to waive your two-year foreign residence requirement. The Department of State and the USCIS will decide if they will grant you a waiver or not. It can be a lengthy process, and it can be helpful having someone on your side to guide you through the process.

If you need help handling your student visa, our legal team at Akula & Associates P.C. can help you. Visa filings are complex and they take time to process. It’s vital to submit the right information and evidence to increase your chances of obtaining a visa. Our immigration attorneys have years of experience helping clients understand their rights and answer their questions. We help clients obtain their desired outcome.

Give our Dallas immigration lawyers today at (844) 299-5003 to schedule an appointment!