Gaining admission to a US university and securing an F-1 or J-1 visa is a major first step in one’s life changing academic pursuit. While this is an accomplishment that puts you in an elite group of scholars from around the globe, it also places you under the direct authority of US immigration law, which is a complex and ever-changing landscape. Compliance with these laws is essential for your continued presence and success in the country.
Managing Your SEVIS record
From the moment you set foot in the USA, your academic life is intertwined with your legal status. This status is managed through and relies on a system called a SEVIS (Student and Exchange Visitor Information System) record. With SEVIS in place, simple and commonplace student activities such as switching your major, taking a semester off, or even accepting an internship aren’t simply academic choices anymore but immigration ‘events’ that require careful management. Failing to proactively manage these happenings in your life can lead to severe, often irreversible, consequences, including the loss of your visa status and the end of your academic future in the US.
Our top priority at K Altman Law is to function as your proactive legal guardians. We believe that the best way to solve an immigration problem is to prevent it from happening in the first place. Our practice is built around foresight, planning, and providing you with the most up to date knowledge to make informed decisions. Our attorneys here at K Altman Law specialize in the needs of the international student community, offering a partnership that begins the moment you consider a decision that might have an impact on your status. Our mission is to build a protective legal framework around your academic journey, ensuring it remains stable, compliant, and secure from beginning to end.
Balancing Your Studies and Your Status
Federal regulations require F-1, J-1 visa holders to be full-time students. This rule is the core of your status. However, a successful academic career is more than just the accumulation of credit hours. You will need to engage with and navigate all your challenges in a strategic fashion.
Foresight in Course Load Management
You can anticipate the types of challenges you may face before your semester even begins. Perhaps you are a research student, and your work is about to enter a period of intensive lab work instead of course work. Any imbalance in your course load management may put your visa status in jeopardy. Instead of waiting for a problem to arise, we encourage you to consult with us early. At K Altman Law, we help you and your Designated School Official (DSO) to plan for a legally authorized reduced course load, ensuring that your reasons are justified and all relevant paperwork is filed beforehand. Our proactive approach prevents any last-minute crises and protects you from accidentally falling out of compliance.
Health and Wellness
Health issues and concerns should not become immigration problems. The regulations for F-1 and J-1 visa holders allow for a medical leave of absence but they must be utilized correctly. We help you plan such scenarios by advising you on the specific type of medical evidence required by the government. With our expertise in this area, we can compile a fully compliant package to ensure that your DSO approves your medical leave swiftly, and without issue. This will allow you to prioritize your health and be confident that your SEVIS record will not be out of order while you recuperate.
Long-Term Program Strategy
Sometimes research can take longer than expected or planned, or you might need to pause your studies for one reason or another. Our attorneys work with you to create a long-term academic and immigration plan. This includes keeping track of critical deadlines for program extensions to prevent the expiration of your Form I-20. If you need to withdraw from your program due to any unforeseen circumstances, we help you design a personalized plan to ensure you can leave and re-enter the US academic system while maintaining your eligibility to return.
Protecting Your Status During Disciplinary Issues
All students must abide by the codes of conduct of their universities. However, the same rules have underlying layers of meaning for international students that can be consequential. A misconduct allegation can not only compromise your academic standing, it may also imperil your right to be in the country. A suspension can automatically trigger the termination of your SEVIS record.
Our proactive approach means we intervene early and manage the crisis. From the second that you are notified of disciplinary investigation, we step in to manage the process. Our top goal in this situation is to prevent it from escalating. We advocate on your behalf in all dealings with the university and, moreover, we also collaborate with your DSO to craft a narrative that supports your case. We provide context and advocate for alternate resolutions that work to shield your SEVIS record from the proceeding’s outcome. This sort of legal protection often proves crucial to safeguarding your academic future in the US.
Transfers, Program Changes, and I-20 Integrity
Transferring from one program to another, such as moving from a master’s to PhD is a positive sign of how well you’re doing in your academic career. However, transitions like these can be very high-risk moments as an international student if not handled carefully.
Maintaining the integrity of and keeping your SEVIS record up to date during this period is of the utmost importance. K Altman Law acts as project managers for international students and oversees every step of the transfer or the change of level procedure. We keep track and ensure your SEVIS is released on time, your new I-20 is created correctly and that your student profile’s active status remains uninterrupted. Careful supervision such as this helps us to avoid any unintended state violations that may go unnoticed for months on end and then surface when you least expect, causing you great stress when you apply for benefits like OPT (Optional Practical Training).
Mastering Work Authorization
Practical training programs like OPT and CPT are key benefits of studying in the US, offering hands-on experience in your field. However, securing these opportunities requires a thorough and precise application process.
Proactive Eligibility and Application Strategy
Whether an international student can be granted work authorization is dependent upon the various decisions they’ve taken throughout their academic career. K Altman Law ensures your record is compliant from day one, and when it’s time to apply for OPT or CPT, your history is clean and clear. We assist in drafting carefully planned schedules and timelines for your OPT, avoiding common pitfalls of filing too early or too late, and we conduct a proper review of your entire documentation to ensure it is flawless before it’s submitted to USCIS.
Minimizing Employer-Related Risks
Our expert attorneys set you and your employer up for success by providing clear guidance on offer letters and Form I-983 training plans for STEM OPT students. By taking a proactive approach, we help prevent common errors that can lead to delays and RFEs (Request for Evidence). This preparation not only ensures compliance but also makes you a more attractive candidate to potential employers, paving the way for a seamless start to your professional training.
Contingency Planning for Denials and Reinstatement
While our goal is prevention, we do have a backup plan in case an error has already happened. We study the reasons given for any refusals or status violations and provide you with the best possible solution. For eligible students, we craft strong reinstatement cases, highlighting circumstances beyond their control to position them favorably for regaining status and continuing their academic and professional pursuits.
Visa, Travel, and Reentry
Customs and Border Protection (CBP) Officers are vigilant in their duty, carefully screening all travelers. When arriving at immigration, it is of paramount importance to be prepared with valid legal documents that clearly verify your travel purpose.
At K Altman Law, we handle pre-travel preparations for you to ensure a smooth journey. We review your legal documents including passports, visas, I-20s, EAD Cards, and proof of enrollment to verify everything is in order before your trip. Our team prepares student travelers for immigration, providing expert guidance so they can enter the country with confidence and certainty. We help navigate the details, making travel predictable and stress-free.
The K Altman Law Difference: Your Future is Our Focus
At K Altman Law, we work closely with you to establish a solid legal foundation for your educational journey. Our approach is built on three core pillars:
- Anticipate: We take your long-term goals into consideration and identify potential challenges and opportunities that may arise.
- Build: We empower you with knowledge and tools to make informed decisions in compliance with immigration regulations.
- Defend: When issues arise, we swiftly and strategically defend your status, eligibility, and future.
Your education is a valuable investment and K Altman Law can provide you with proactive legal oversight and dedicated support, ensuring you navigate your journey with confidence and security.
