Student Visas

Dedicated Legal Support for International Students Seeking Education in the U.S.

At Thompson Law Advocates we assist international students and their families in navigating the complexities of the U.S. immigration system. Our practice is led by attorney Peter Thompson, who brings decades of experience advocating for individuals facing immigration and criminal law issues. Our firm is committed to providing clear, structured legal representation at every stage of the student visa process—from preparing the application and interview preparation to maintaining lawful status while studying in the United States.

Whether you are planning to pursue a college degree, vocational training, or a cultural exchange program, a student visa may be your pathway. However, obtaining and maintaining that visa requires careful compliance with U.S. immigration law, detailed documentation, and strong preparation.

Overview of Student Visas in the United States

The F-1 Visa: Academic Studies

The F-1 visa is the most common nonimmigrant visa for academic study in the U.S. It is granted to individuals attending a college, university, high school, private elementary school, seminary, conservatory, or language training program. It is governed by 8 U.S.C. § 1101(a)(15)(F) and administered under the regulatory framework found at 8 C.F.R. § 214.2(f).

To qualify for an F-1 visa, applicants must:

• Be accepted for enrollment at a SEVP-certified educational institution
• Show they have the financial means to pay for tuition and living expenses
• Demonstrate strong ties to their home country and intent to depart the U.S. after completing their studies
• Maintain a full course load unless otherwise authorized
• Hold a valid Form I-20, issued by the institution

F-1 students may be permitted to work on campus up to 20 hours per week during the academic year and full-time during breaks. Additional off-campus work options may be available through Curricular Practical Training (CPT) and Optional Practical Training (OPT), both of which have their own eligibility requirements and timelines. Our firm helps clients understand these options and ensures timely and complete filing of relevant documentation.

The M-1 Visa: Vocational and Non-Academic Study

The M-1 visa is available to individuals enrolled in non-academic programs, such as mechanical or technical training. These programs do not include general academic education but instead offer instruction in trades or specific careers. The M-1 visa is governed by 8 U.S.C. § 1101(a)(15)(M) and corresponding regulations in 8 C.F.R. § 214.2(m).

Unlike F-1 visa holders, M-1 students are generally not permitted to work during their studies and must show they can pay the full cost of their program and living expenses before arrival. M-1 students are allowed a fixed period of stay based on the length of their program, and any extensions or changes of status require strict compliance with U.S. Citizenship and Immigration Services (USCIS) regulations.

The J-1 Visa: Cultural and Educational Exchange

The J-1 visa is designed for individuals participating in approved exchange visitor programs. These programs include university students, visiting scholars, medical interns, and au pairs. The J-1 visa is governed by 8 U.S.C. § 1101(a)(15)(J) and regulated under 8 C.F.R. § 214.2(j).

A unique aspect of the J-1 visa is the potential requirement under 8 U.S.C. § 1182(e), which mandates that certain visa holders return to their home country for a minimum of two years before applying for permanent residency or other visa types. This requirement applies when the program is government-funded, involves skills listed on the Skills List, or is for medical education.

Our firm advises individuals on whether the two-year home residency applies, and where possible, helps clients pursue a waiver of this requirement based on hardship, persecution, or other qualifying factors.

Common Challenges in Student Visa Applications

Many applicants encounter legal and procedural challenges that delay or derail their student visa journey. These may include:

• Incomplete or inaccurate Form DS-160 (Online Nonimmigrant Visa Application)
• Errors on Form I-20 or DS-2019
• Difficulty proving financial capacity or intent to return home
• Visa interview complications or inconsistent responses
• SEVIS (Student and Exchange Visitor Information System) registration issues
• Travel or re-entry concerns
• Changes in academic status or reduced course loads without prior authorization
• Problems with reinstatement after visa overstay or unlawful presence

Any of these issues can result in visa denial, termination of status, or future ineligibility. Our firm offers precise legal support to prevent and resolve these problems.

How Thompson Law Advocates, P.C. Supports Student Visa Clients

Our team works closely with each client to provide tailored legal services designed to meet their educational and immigration objectives. Our support includes:

Pre-Application Advising

Before applying, we review your academic goals, help you choose the correct visa type, and verify that your chosen institution is SEVP-approved. We also assist with compiling required documents, including financial affidavits, transcripts, admission letters, and proof of home-country ties.

Form Preparation and Filing

We assist in completing all necessary USCIS and Department of State forms, including the DS-160, Form I-20 for F-1/M-1 applicants, and DS-2019 for J-1 applicants. We also guide clients through SEVIS registration and the I-901 fee payment process.

Visa Interview Preparation

The visa interview at a U.S. consulate can be intimidating. We help clients prepare by reviewing potential interview questions, discussing how to present their academic plan and financial documentation, and ensuring that responses align with previously submitted materials.

Maintaining Visa Status

After arrival in the U.S., visa holders must comply with immigration laws to avoid violations. We counsel clients on maintaining full-time enrollment, understanding employment options, and reporting changes to their Designated School Official (DSO) or Responsible Officer (RO).

Travel, Re-Entry, and Visa Renewal

International travel while on a student visa carries risk if not managed properly. We help clients understand travel restrictions, ensure appropriate signatures on Form I-20/DS-2019, and guide them through the visa renewal process when necessary.

Reinstatement and Change of Status

If your student status is terminated due to a violation, we can assist with filing for reinstatement under 8 C.F.R. § 214.2(f)(16) or § 214.2(m)(16). We also assist clients who seek to change from one nonimmigrant status to another—such as from B-2 visitor to F-1 student.

Support with Employment and Post-Graduation Options

Students considering Optional Practical Training (OPT) or STEM OPT extensions must file Forms I-765 and coordinate with their school’s DSO. We offer assistance with:

• OPT application timelines
• CPT authorization through the school
• STEM OPT extension and employer compliance
• Transitioning from F-1 to H-1B or other employment-based visa classifications

Institutional and Family Considerations

We also advise families and institutions in student-related immigration matters. This includes assisting schools with SEVP compliance, supporting spouses and dependents applying for F-2, M-2, or J-2 visas, and helping with adjustment of status for those who marry U.S. citizens or find employment post-graduation.

For families, our firm helps explain dependent rights and restrictions. For example, while F-2 spouses cannot work, J-2 spouses may apply for employment authorization by submitting Form I-765, depending on their program.

Legal References and Statutory Authority

Our legal services are rooted in statutory and regulatory sources, including:

• Immigration and Nationality Act (INA): Especially § 101(a)(15)(F), (M), and (J)
  
• 8 U.S.C. § 1182(e): Two-year foreign residency requirement
  
• 8 C.F.R. § 214.2(f), (m), (j): USCIS regulations on F-1, M-1, and J-1 visa programs
  
• SEVIS regulations: Governing electronic tracking of international students
  
• USCIS Policy Manual & Department of State FAM (Foreign Affairs Manual): Guidance on adjudication standards and discretion in student visa matters

Contact Thompson Law Advocates, P.C.

Your academic goals deserve a thorough and well-supported legal foundation. Thompson Law Advocates provides reliable legal guidance through every stage of the student visa process, from the initial paperwork to graduation and beyond.

Whether you are a first-time applicant or addressing complications with a current visa, our firm is here to assist. We invite you to schedule a consultation to discuss your needs and begin building a secure legal path toward your education in the United States.