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Longer Visa Validity for Chinese Students
Posted Jun 24, 2005
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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.
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Change Does Not Affect Status
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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.
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Benefits to F, J, and M Travelers
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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.
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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.
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Twelve Months Not Guaranteed
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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.
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Conclusion
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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





 
 

Posted Jun 24, 2005