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Immigration Overview

This section is designed for International students at NC State University who need to have a general knowledge of basic immigration regulations and important University policies and procedures that affect or pertain to their employment and/or enrollment at the university. International students are primarily those students who are not US citizens or lawful permanent residents (Green Card holders or resident aliens), but are in the US on a temporary, nonimmigrant visa primarily engaged in a course of study and were admitted into an academic program. Federal regulations regarding studying and working vary widely depending on visa type.


Q: What are my general responsibilities as an international student in the United States?
  • Keep your PASSPORT valid at all times.
  • Maintain FULL-TIME ENROLLMENT EACH SEMESTER during the academic year.
  • File any necessary EXTENSIONS OF STAY before your present stay expires.
  • Do not accept any off-campus EMPLOYMENT without proper employment authorization.
  • Do not TRAVEL outside the United States, even briefly, without the proper documents.
  • Make photocopies of ALL your documents and safeguard the originals.

Passport:
A passport is an international travel document issued to you by your government showing your identity, country of origin, nationality and passport validity (passport must be valid six months into the future at all times). This travel document allows you to travel outside your country. While in the US, you can renew your passport through your embassy or nearest consulate. The Office of International Services (OIS) has a directory listing of all embassies in the US with the necessary contact information (http://www.embassy.org/). It is your responsibility to keep your passport valid at all times. You should provide OIS with a photocopy of your passport in case of loss or theft. Embassies are usually able to replace a passport more promptly if you are able to provide a photocopy of the original.

 

Q: What do I do if my passport expires or I lose it while I am within the United States?

A: You will need to contact your embassy or consulate in the United States for instructions to renew or replace a lost passport (http://www.embassy.org/).

Q: I have a newly reissued passport. While I am in the United States, is it possible to change my un-expired visa stamp from my old passport to my newly reissued passport?

A: No. However, you may get a new visa stamp in your newly issued passport from the US Consulate/Embassy in your home country when you next visit home.


Q: I have a newly reissued passport. My old expired passport has a valid visa stamp, but my newly reissued passport does not. Can I re-enter the United States showing both passports?

A: Yes, you should carry both your old expired passport and your new reissued passport, along with a valid I-20 (F-1) or DS-2019 (J-1).


Visa:
A nonimmigrant visa is a permit affixed or stamped to a page in your passport to request entry into the US. At the port of entry the immigration officer grants admission if your documents are in order and you are found admissible.  You enter the US under the terms and conditions specified by the particular type of nonimmigrant visa that you hold. The visa does not determine how long you can remain in the US You will need to obtain a new visa only if you are traveling abroad after the current visa in the passport has expired. If you change nonimmigrant status during your stay in the US, you must apply for a new visa abroad in order to re-enter the US in this new nonimmigrant status. Only a US consulate or embassy abroad can grant or renew a visa.
Note: Your visa (that is, the actual visa stamp in the passport) may expire while you are in the US with no adverse effect on your status or employment eligibility.

 

Q: If the visa stamp in my passport expires while I am in the US must I leave the country to renew it?

A: The visa stamp in your passport is only an "entry permit".  Your actual visa stamp in the passport may expire while you are in the US with no adverse effect on your status or employment eligibility. You will need to renew your visa only if you are traveling abroad after the current visa in the passport has expired. If you change nonimmigrant status during your stay in the US, you must apply for a new visa abroad in order to re-enter the US in the new status. Only a US consulate or embassy abroad can grant or renew a visa.

 

Q: What do I need to apply for a new visa stamp?

A: You will need to take the following documents with you at the time of visa application at a US consulate or embassy: Your I-20 (F-1) or DS-2019 (J-1) endorsed on the back by an OIS adviser; proof of funding (demonstrating that you have the funding to cover your tuition and fees, living expenses, books, insurance, and dependents if any); a letter from your advisor stating that you are in good academic standing and making adequate progress toward your degree, an official transcript, visa application forms
(DS-0156 and DS-0157 available at the following site: http://travel.state.gov/visa/frvi/forms/forms_1342.html), fee, and pictures.  You will need to check the US Embassy/Consulate website(s) for specific procedures, filing requirements and times of operation at http://usembassy.state.gov.

Q: How often should the back of my I-20 (F-1) or DS-2019 (J-1) be endorsed?

A.:
Your I-20 (F-1) or DS-2019 (J-1) should be signed by one of the OIS advisers in order for you to be permitted to re-enter the US after you travel outside the US. The signature is valid for re-entry for up to one year from the date it was signed or until the completion date indicated in section #5 on the Form I-20 for F-1 students or section #3 on the Form DS-2019 for J-1 students, whichever is first. If you travel several times within that year, it is not necessary to have it signed every time you travel unless you need to go to a US Embassy/Consulate (outside the US) to have the visa stamp in your passport renewed, in which case it is recommended that you have it signed shortly before you plan to travel. Keep in mind that if you remain out of the US for more than 5 months, you will need to request from OIS a new I-20 or DS-2019 for re-entry, since the travel endorsement is not valid for an absence from the US of more than 5 months. For students who have graduated and are on post-completion practical training (F-1) or (J-1) academic training, the signature is valid for six months only.



Q: I wish to have my dependents (spouse and children under the age of 21) join me at NC State University. Since I am already here, how do I obtain visa(s) for my dependents?


A: You must complete an I-20 (F-1/F-2) or DS-2019 (J-1/J-2) request form. Upon issuance of the new certificate of eligibility, I-20 or DS-2019, you must send the form to your dependent(s) to use for applying for a visa at the US consulate or embassy in the home country.  Your dependent(s) should also have the following documents at the time of visa application and upon entry to the United States: valid Form I-20 (F-1) or DS-2019 (J-1), proof of funding demonstrating that you have the funding to cover the F-1 or J-1 principal’s tuition and fees, living expenses, books, insurance, dependents, marriage certificate, a letter from your advisor stating that you are in good standing and making adequate progress toward your degree; and an official transcript.

Q: If my dependents want to travel separately, do they need to obtain a new I-20 (F-1/F-2) or
DS-2019 (J-1/J-2)?

A. F-2 and J-2 spouses and minor children who are not accompanied by the F-1 or J-1 principal must have the following documents: valid passport, valid US visa, valid I-20 (F-1) or DS-2019 (J-1) that has been endorsed for re-entry by an OIS adviser for use by family members to travel separately, proof of funding demonstrating that you have the funding to cover the F-1 or J-1 principal’s tuition and fees, living expenses, books, insurance, dependents, marriage certificate, a letter from your advisor stating that you are in good standing and making adequate progress towards your degree; and an official transcript.
 
Q: My wife/husband is my dependent in terms of our visa. May he/she work?


A: Dependents of F-1 students (in F-2 status) may not work.

A: Dependents of J-1 students (in J-2 status) may apply for employment authorization from the Immigration and Naturalization Service.  Instructions for obtaining a work permit for J-2 dependents are available at the OIS.

Form I-94 (Arrival/Departure Record):
At the port of entry into the US, the immigration officer issues a Form I-94 to every nonimmigrant. Often the Form I-94 is handed out on the plane shortly before landing. The Form I-94 indicates your non-immigrant classification and any endorsements made by the immigration officer. The Form I-94 indicates the place and date of entry of your admission to the United States and the initial period of authorized stay.

Noted on the Form I-94 for students and their dependents is D/S, for Duration of Status. For F-1or J-1 students, D/S means the period during which you are pursuing a full course of study at the educational institution, which issued the visa certificate. You may remain in the United States as long as you maintain lawful F-1 or J-1 student status until the end date on Form I-20 (F-1) or DS-2019 (J-1) or completion of program whichever occurs first.

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