Abogados de Student Visas

Student Visa Lawyers in the United States

Every year, over one million international students enroll in U.S. colleges and universities. Each one needs proper visa authorization to study, work on campus, and remain in legal status. A student visa lawyer helps applicants and current students handle the paperwork, deadlines, and government requirements that come with studying in America.

What Student Visa Law Covers

Student visa law falls under U.S. immigration law and primarily involves F-1 visas for academic programs and M-1 visas for vocational training. Lawyers in this area also handle J-1 exchange visitor visas, which apply to research scholars, au pairs, and certain exchange students.

Beyond initial visa applications, this practice area covers maintaining valid status, transferring between schools, applying for Optional Practical Training (OPT), and responding to visa denials or revocations. Attorneys also assist with reinstatement petitions when a student falls out of status and needs to correct their record with USCIS.

When to Hire a Student Visa Lawyer

• Your visa application was denied and you need to understand why or file an appeal
• You've fallen out of status due to a dropped course load, unauthorized employment, or an expired I-20
• You want to transition from a student visa to a work visa like the H-1B after graduation
• Your school lost its SEVP certification and your enrollment status is uncertain
• You received a Request for Evidence (RFE) from USCIS and need to respond within the deadline

How the Student Visa Process Works

The process starts with acceptance to a SEVP-certified school, which issues a Form I-20 or DS-2019. The student then pays the SEVIS fee, schedules a consular interview, and submits supporting documents proving financial ability and intent to return home.

After arriving in the U.S., students must check in with their Designated School Official (DSO) and maintain full-time enrollment. Any change in program, school, or employment status requires updated authorization. According to ICE data, over 1.1 million active F-1 and M-1 student records existed in the SEVIS system as of 2023.

How Visa Outcomes Are Determined

• Financial documentation — consular officers evaluate bank statements, scholarship letters, and sponsor affidavits to confirm the student can cover tuition and living expenses
• Academic preparedness — prior grades, standardized test scores, and the program's relevance to the student's career goals all factor into approval decisions
• Ties to home country — officers assess whether the applicant has strong reasons to return home after completing their studies
• Immigration history — prior overstays, visa violations, or denied applications can significantly reduce approval chances
• Consular discretion — each officer makes an independent judgment, which is why denial rates vary widely by embassy and country of origin

Frequently Asked Questions

Can I work while on an F-1 student visa?

F-1 students can work on campus up to 20 hours per week during the school year and full-time during breaks. Off-campus employment requires specific authorization through Curricular Practical Training (CPT) or OPT. Working without authorization is a status violation that can lead to deportation.

What happens if my student visa application is denied?

Most student visa denials fall under Section 214(b) of the Immigration and Nationality Act, meaning the officer wasn't convinced you'd return home. You can reapply with stronger documentation. A lawyer can review the denial reason and help you build a more complete application for your next interview.