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Longer Visa Validity
for Chinese Students
Posted
Jun 24, 2005
©MurthyDotCom
The U.S. Department of State (DOS) announced on June 15, 2005 that, as of
June 20, 2005, Chinese nationals who wish to come to the United States as
F-1 students, J-1 exchange visitors, or M-1 students, will now be able to
obtain the appropriate visa valid for up to 12 months and valid for multiple
entries. Previously, Chinese nationals in these categories have only been
able to obtain visas valid up to a maximum of 6 months with multiple
entries. The change affects only these categories.
©MurthyDotCom
Change Does Not Affect Status
©MurthyDotCom
As regular MurthyDotCom and MurthyBulletin readers know, a
status and a visa are not the same thing. [See our Jun 21, 2001 (updated Mar
25, 2005) article, About Visas
& Status.] A status confers the right to be in the United States for
a certain period of time and perform certain activities. An F-1 student, for
example, is permitted to be in the United States studying at a designated
school for the period it will take to complete his or her studies. The visa
permits a person to seek entry to the U.S. As in the past, if a Chinese
national is granted an F-1 visa, comes to the United States and does not
leave throughout the valid F-1 status period, s/he does not have
any problems if the F-1 visa in the passport expires. This rule remains
unchanged.
©MurthyDotCom
Benefits to F, J, and M Travelers
©MurthyDotCom
This change benefits those Chinese nationals who may take trips outside the
United States over the course of one year. Under the pre-June 20, 2005
system, if a Chinese national F-1 student left the United States seven
months after entering in F-1 status, the student would need to go to the
consulate and obtain a new F-1 visa before returning the U.S., even if
his/her studies had not been completed. The extension of the visa validity
to one year will decrease the number of times such students will need to go
to consulates to obtain visas during the course of their studies in the U.S.
Since security checks and other delays may prevent students from getting back to
their classes in a timely manner, this extension is a welcome change.
©MurthyDotCom
Derivatives Enjoy Same Benefit
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F-2, J-2, and M-2 dependents may also be granted multiple entry visas for up
to 12 months. Having consistent validity periods within the family helps
enable the family unit to remain together, reducing the possibility that one
may have to stay behind at the consulate to get a visa during a trip abroad.
©MurthyDotCom
Twelve Months Not Guaranteed
©MurthyDotCom
Though most Chinese national student and exchange visitors are likely to
obtain the twelve- month validity of the visa, the DOS maintains the right
to grant the visa for a shorter period. This is consistent with the
worldwide policy of DOS on visas.
©MurthyDotCom
Conclusion
©MurthyDotCom
This is a positive step forward for Chinese national students and exchange
visitors. The DOS made this change since China agreed to a similar policy
for U.S. citizens wishing to study or pursue research in China. The DOS
policy is important in continuing to welcome international students to the
United States and ease the administrative hassles they may face during their
international travels. We look forward to more positive progress for these
and other students worldwide while still addressing U.S. security concerns.
©
2005 The
Law Office of Sheela Murthy, P.C. All Rights Reserved
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