Embassy of the United States

Nonimmigrant Visa Unit

Frequently Asked Questions Concerning the F Visa

How long am I allowed to stay in the United States with my F visa?

Applicants should be aware that a visa does not guarantee admission to the United States. An F visa simply allows you to travel to the United States and apply for admission as a temporary worker or trainee. An immigration inspector from by U.S Customs and Border Protection of the Department of Homeland Security, not the consular officer who issued you the visa, makes the decision as to whether or not to admit you to the United States and decides how long you may stay. If the immigration inspector decides to admit you, normally you will be admitted "duration of status" (the immigration will signify this by writing "D/S" or "DOS" on your entry stamp. This means that you may remain in the United States until you have completed your course of study. A student who has completed his or her course of study and any authorized practical training is allowed the following 60 additional days in the United States to prepare for departure.

Note that an F visa is not a substitute for an immigrant visa. Persons wishing to remain permanently in the United States must apply for the appropriate immigrant visa abroad or apply for an adjustment of status in the United States.

What do the expiration date of my visa and number of entries mean?

The consular officer decides how long your visa will be valid and how many entries will be printed on the visa (normally the visa will be a "multiple-entry" visa). If you receive, for example, a multiple-entry, five-year visa, it means that you may apply for admission to the United States as many times as you wish over the next five years.

The validity of your visa and the number of entries are completely separate from how long you are allowed to stay in the United States. As explained in the answer to "How long am I allowed to stay in the United States with my F visa?", an immigration inspector from U.S. Customs and Border Protection of the Department of Homeland Security makes the decision as to whether or not to admit you to the United States and decides how long you may stay. In most cases the immigration inspector will admit you for "duration of status."

My visa is going to expire while I am in the United States. Is that a problem?

No. At the port of entry, the immigration inspector from U.S. Customs and Border Protection of the Department of Homeland Security admitted you for "duration of status." You are permitted to remain in the United States until you have completed your course of study, even if your visa expires in the interim.

What is the difference between a nonimmigrant visa and an immigrant visa?

Getting a nonimmigrant visa (an F visa is one kind of nonimmigrant visa) means that you will be able to travel to the United States and apply for admission as a temporary visitor. You cannot stay in the United States permanently on a nonimmigrant visa. Getting an immigrant visa, on the other hand, usually means that you will be able to live and work in the United States for as long as you want. Please see our immigrant visa page for more information on immigrant visas.

When should I apply for my F-1 visa?

• We encourage students to apply for their visa early to provide ample time for visa processing. Students may apply for their visa as soon as they are prepared to do so.
• The consular officer may need to get special clearances depending on the course of study and nationality of the student. This can take some additional time.
• Students should note we are able to issue your F-1 visa no more than 120 days before the registration date for the course of study.
• Students should also note that all new students enter the United States no more than 30 days before the start date of the course of study shown on the Form I-20A-B. Please consider this date carefully when making your travel plans.

How long do I have to wait to receive a nonimmigrant visa appointment?

Please visit our Visa Wait Times page to find out when the next available appointment is. If you have an emergency that does not permit you to wait for a normal appointment, contact our Visa Information Center to request an emergency appointment. We grant emergency appointments on a case-by-case, discretionary basis.

My old passport has expired. My valid U.S. visa is still in the old passport. Do I need to apply for a new visa for my new passport?

No. Your U.S. visa is still valid. Simply travel with both passports. When you apply for admission at a U.S. port of entry, an immigration inspector from U.S. Customs and Border Protection of the Department of Homeland Security will inspect the visa in your old passport and, if he or she decides to admit you to the United States, will place an admission stamp in your new passport with the annotation "VIOPP" (Visa In Other Passport). DO NOT attempt to remove your visa from your old passport and glue it into your new passport. If you do that, your visa will be automatically invalid.

In order to help us conserve our human resources, we ask that you NOT apply for a new visa until your old one is about to expire. At that time the Nonimmigrant Visa Unit will place a new visa in your valid passport (assuming, of course, that you qualify for the new visa).

I have a visa that is about to expire and I would like to renew it. Do I have to go through the entire application process again?

Yes. Legally speaking, there is no such thing as "renewing" or "revalidating" a visa. You must start from scratch each time you apply for a visa, even if you have a valid visa. Please consult our F visa page for detailed instructions. . In lieu of a new Form I-20, you may submit your original Form I-20A-B if it has been endorsed on the back by a school official within the past 12 months.

In addition, applicants who have been studying in the United States in F status should be prepared to submit certified copies of their grades from the school in which they have been enrolled.

I do not live in Colombia. Am I allowed to apply for a visa at the U.S. Embassy in Bogotá anyway?

Yes. If you are physically present in Colombia, regardless of where you live, you may apply for an F visa at our Nonimmigrant Visa Unit. However, it may be more difficult for the consular officer to evaluate your documentation or for you to qualify for the visa if you apply outside of the country where you live.

I changed my visa status and subsequently departed the United States. How can I re-enter the United States?

If someone changed status to F status in the United States, he or she does not need an F visa to maintain legal status while in the United States. However, a visa is required if the beneficiary subsequently leaves the United States and wishes to re-enter as an F nonimmigrant. The applicant must apply for a visa at the U.S. Embassy in Bogotá. The Form I-797 (Notice of Action), which informed the applicant that the change of status to F status was approved, is not a travel document and cannot take the place of a visa.

I am in the United States in F-1 status, and I want to change schools. What should I do?

If a person is in F-1 status and decides to change schools, he/she does not have to obtain another student visa. However, the student must inform the current university and the new university. In addition, the student must file a Form I-539 (Application to Extend or Change Status) with U.S. Citizenship and Immigration Services of the Department of Homeland Security.

Note that students may change academic programs within the same school (for example, going from studying English as a second language to studying Anthropology) without filing a Form I-539.

What are SEVP and SEVIS?

The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security and the Department of State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains accurate and current information on nonimmigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet to the Department of Homeland Security and the Department of State throughout a student or exchange visitor's stay in the United States.

What is an I-20A-B? Why do I need one?

A Form I-20A-B [Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students] is a SEVIS-generated document issued by a Department of Homeland Security-approved educational institution. Applicants submit Form I-20A-B when they are applying for a student visa. The consular officer will verify your Form I-20A-B record electronically through the SEVIS system in order to process your student visa application.

Do I need to pay the SEVIS fee?

Unless otherwise exempt, students whose Form I-20A-B was issued on or after September 1, 2004 must pay a SEVIS fee to Immigration and Customs Enforcement of the Department of Homeland Security. In general, new F-1 students must pay the SEVIS fee. Continuing F-1 students and all F-2 students do not. See Immigration and Customs Enforcement’s SEVIS Frequently Asked Questions for more information.

How much is the SEVIS fee?

The SEVIS fee for F-1 students is US$100. F-2 visa applicants are not required to pay the SEVIS fee.

How do I pay the SEVIS fee?

You may pay the SEVIS fee online, via Western Union, or by mail.

Can I use an F-1 visa to study in a public school?

There are certain legal restrictions on attending a public school in the United States on an F-1 visa. The restrictions apply only to students in F-1 status. They do not apply to students attending public school on derivative visas, such as F-2, J-2 or H-4 visas.

The restrictions are:

• Students who attend public high schools (defined as 9th grade through 12th grade) in the United States are limited to twelve months of study. Public school attendance in the U.S. prior to November 30, 1996 does not count toward this limit.
• Before an F-1 visa for a public high school can be issued, the prospective student must show that the public school in the United States has been reimbursed for the full, unsubsidized per capita cost of the education as calculated by the school. Reimbursement may be indicated on the I-20. Consular officers may request copies of canceled checks and/or receipts confirming the payment as needed.
• F-1 visas cannot be issued for the purpose attending public elementary or middle schools (defined as kindergarten through 8th grade) or publicly-funded adult education programs, even if the prospective student is willing and able to reimburse the school for the full, unsubsidized per capita cost of the education.

Can my spouse or child travel with me?

Spouses and/or children under the age of 21 can receive a derivative F-2 visa to accompany or follow-to-join the principal visa holder in the United States. The application procedure is the same. Derivatives are generally subject to the same visa validity, period of admission, and limitation of stay as the principal applicant. The spouse and any child age 14 years of age and older must be present at the interview. Note that U.S. law does not recognize Colombian common-law marriages (unión libre), and such spouses therefore do not qualify for derivative visas.

How can I apply for a derivative F-2 visa? Derivatives must apply for a visa, following the same instructions as the principal applicant. When a derivative applies for an F-2 visa to follow-to-join a principal F nonimmigrant already in the United States, the consular officer also must be satisfied that the principal applicant is maintaining F status before issuing the visa. Therefore, in addition to the normal F documents, such applicants must present:

• The principal applicant’s original Form I-797 (Notice of Action).
• A photocopy of the principal applicant’s issued F visa and U.S. entry stamp or, if the applicant changed status to F status, the original Form I-797 (Notice of Action) approving the change of status.
• Certified copies of the birth/marriage certificates showing the relationship between the principal alien and the derivative applicant.
• F-2 applicants do not need to pay the SEVIS fee.

The spouse and any child age 14 years of age and older must be present at the interview.

Can my stepchild apply for a derivative F-2 visa?

If the marriage creating the stepchild relationship occurred before the child’s eighteenth birthday, the child may apply for a derivative F-2 visa. Your child’s application materials must include a copy of your marriage certificate establishing the stepchild relationship.

Can I study in the United States on an F-2 visa?

Yes. There is no requirement that the spouse and/or children of an F visa holder apply for a student (F-1) visa if they wish to study in the United States. They may study on their F-2 visas.

Can I work in the United States on a derivative F-2 visa?

No. Individuals in F-2 status cannot work while in the United States.

Am I allowed to have both an F visa and a B-1/B-2 visitor visa simultaneously?

Yes. You may have more than one valid visa, but you must enter the United States with the appropriate visa consistent with your principal purpose of travel to the United States. You may apply for both an F visa and a B-1/B-2 visa on the same day, but you must meet the requirements of each visa class. Please consult our B-1/B-2 visa page for detailed instructions on how to apply for a B-1/B-2 visa.

Why was my F visa application refused?

U.S. consular officers are only allowed to issue nonimmigrant visas to those applicants who qualify under the law. A visa can be refused for a variety of reasons. For example, your visa application could be denied if you have a criminal record, if you lie during your visa interview, or if you have lived in the United States illegally. There are many other possible reasons that a visa application can be refused. Please see 9 FAM 40.6 Exhibit I for an abridged list of ineligibilities (that is, reasons your visa may be refused). A consular officer normally will inform the applicant in writing of the basis of the refusal.

Section 214(b) of the Immigration and Nationality Act. This provision of the law, which applies to all F applicants (as well as to applicants for most other nonimmigrant visa classifications), presumes that an applicant is an intending immigrant (generally, that he or she plans to stay permanently in the United States or plans to work illegally) and places the burden on the applicant to convince the consular officer of the contrary. If the applicant fails to convince the consular officer, the law requires the consular officer to deny the visa.

Applicants overcome the intending immigrant presumption of Section 214(b) by showing that their overall circumstances, including social, family, economic and other ties to Colombia, will compel them to leave the United States at the end of a temporary visit. "Ties" are the various aspects of life that bind the applicant to Colombia, such as his or her family relationships, employment and possessions. Because each applicant's situation is different, there is no single factor that demonstrates compelling ties to Colombia.

A visa denial under Section 214(b) is not permanent. Visa seekers may reapply for a visa at any time by following the instructions in the How to Apply for a Visa page. However, we recommend that they do so only if they believe that they will be able to show that they are eligible for the visa based on the guidance provided above. That is, we recommend against reapplying unless the applicant's family, professional or economic situation has changed sufficiently to warrant a change in the consular officer's decision.

Section 221(g) of the Immigration and Nationality act is also a common basis for visa refusals. A refusal under Section 221(g) means that the applicant failed to submit some information or a document, or that some further review by the U.S. Department of State is required. When an applicant is refused under Section 221(g), the consular officer gives him or her a letter that explains what, if anything, the applicant needs to do.

If the letter asks the applicant to return to the Embassy with a particular piece of missing information (for example, birth certificate or job letter), the applicant must contact the Visa Information Center to schedule an appointment to return to the Embassy. If the letter informs the applicant that the Embassy will contact him or her when "administrative processing" is complete, this means there is no action required of the applicant.

May I appeal a visa refusal?

How long after being refused a visa do I have to wait to re-apply?

You may re-apply at any time. However, you must start from the beginning of the process each time you apply (i.e., schedule a new appointment, pay the non-refundable application fee again and be re-interviewed by a consular officer). Please read our How to Apply for a Visa page. An exception to this rule applies to most refusals made under Section 221(g) of the Immigration and Nationality Act. If you are refused under Section 221(g), the consular officer will give you instructions as to how to proceed.

I live in the United States and sent a letter to my Colombian relative/friend/business associate offering to pay for his school-related expenses. I am financially able to cover the cost of his schooling, so will he receive a visa?

Maybe. As explained in the answer to "Why was my visa application refused?", each F-1 applicant must prove that he or she is not an intending immigrant. Despite the assurances or good intentions of a relative/friend/business associate in the United States, an invitation serves merely to help establish that the applicant has a reason for traveling, and does little to help the applicant overcome the legal presumption of immigrant intent. A letter of invitation from the United States is not sufficient to qualify an applicant for a visa. Even if you send a letter that contains an offer to pay for the trip, an applicant who lacks compelling ties to Colombia will be denied a visa. Nevertheless, you should feel free to send your relative a letter explaining the purpose of the trip, the dates of the trip, and who will pay for the expenses. The applicant may bring the invitation letter with him/her to the visa interview.

Why didn’t the consular officer look at my documents during the visa interview?

As we mentioned in our Points to Keep in Mind page, the personal interview with the consular officer (if one is required) and the information that the applicant provides in writing on the application forms are critical elements of the visa process. A consular officer often will determine an applicant's visa eligibility based on information provided orally during the interview and on the application forms, without referring to the supporting documents.

Should I get a lawyer to help me with my case?

The decision as to whether or not to hire a lawyer or other representative is yours alone. We cannot tell you whether or not to obtain representation, nor can we recommend any specific lawyers. If you do hire an attorney or other representative, that person may help you to prepare your visa application but may not/not accompany you to the visa interview. In all cases YOU are responsible for the information that you provide to the Nonimmigrant Visa Unit.

Why do you have to take my fingerprints, and how much does it cost?

A strict background check has long been required for all visa applicants. As part of this check, we take electronic fingerprints of the index fingers of most of our applicants on the day of the visa interview. There is no additional charge for this type of electronic fingerprints. In order to determine whether an applicant is eligible for a visa, it is sometimes necessary for us to take electronic fingerprints of all ten fingers as well. This type of fingerprints costs US$85.00 (or the equivalent in Colombian pesos). The consular officer will inform you if ten fingerprints are necessary. The results of the fingerprints are not available instantaneously. For this and other reasons, we strongly recommend that you apply for your visa well ahead of your projected travel date.

I was arrested in the past. What should I do?

If you have ever been arrested for any reason, at any time and in any country, you must tell the consular officer during your nonimmigrant visa interview. Question 38 of Form DS-156 (Nonimmigrant Visa Application) asks you whether you have ever been arrested. You must answer this and all other questions truthfully, and you must explain the details of your arrest.

Bring to your visa interview all documentation concerning any and all arrests, even if the charges were dropped or you were acquitted, pardoned or given amnesty. In addition, you must provide a copy of the statute under which you were arrested and a translation of the statute into English. The consular officer will review the evidence and make a decision as to whether or not you are eligible for a visa.

What is a waiver and how do I get one?

A waiver is a special authorization granted by U.S. Customs and Border Protection of the Department of Homeland Security to put aside certain ineligibilities temporarily and allow a visa to be issued. Some frequently seen grounds of refusals at the Nonimmigrant Visa Unit that require waivers are Sections 212(a)(6)(C)(i) (misrepresentation) and 212(a)(9)(B) (unlawful presence) of the Immigration and Nationality Act.

The consular officer will inform you if you are potentially eligible for a waiver, and you will then let the consular officer know whether you are interested in pursuing a waiver. If so, the consular officer and/or the U.S. Department of State in Washington will recommend for or against the waiver, using the criteria in 9 FAM 40.301. CBP, which retains sole authority to approve or deny waivers, will make a decision concerning your case. If CBP grants the waiver, the consular officer will inform you promptly. Please remember that the Nonimmigrant Visa Unit cannot control how long a waiver decision may take. A CPB office in the United States makes the decision. There is no entitlement to a waiver; waivers are always discretionary.

What should I do if Form I-94 form is still in my passport when I return to Colombia from the United States?

U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security uses Form I-94 to record your departure from the United States. If you did not turn in your Form I-94 upon departure from the United States, it is imperative that you follow the instructions in this letter from USCIS.

I still have nonimmigrant visa questions. How can I find more information?

If you still have questions, please contact the Nonimmigrant Visa Unit.

For general information about studying in the United States, please visit Education USA or contact the Colombian-American Cultural Center nearest your home:

• Armenia
• Barranquilla
• Bogotá
• Bucaramanga
• Cali
• Cartagena
• Manizales
• Medellin
• Pereira

I have feedback to share concerning the nonimmigrant visa process. How do I submit my comments to your office?

The Nonimmigrant Visa Unit welcomes your comments, complaints, compliments and suggestions concerning any and all aspects of the nonimmigrant visa process. Simply send us an e-mail with your feedback.