Aging out H4 student for F1 conversion

[Jura]

I am an India born Canadian Citizen, presently working in the US on a H1Visa. I have applied for Green Card in the EB2 category. My daughter (Canadian citizen, India born) has a H4 visa, and is presently a student at a University in the US. She is turning 21 in August this year, and has to change her Visa status as she will no longer be in my green card application (i.e. ageing out). As a Canadian Citizen, will she need a F1 Visa? She has passed out from a US public High School, so will she be allowed to continue paying resident fees in college?

 

 

[JoeF]

Of course she would need an F1. Canada is a different country. There are no special rules for Canadians who want to study in the US.

[Jura]

Hi. I have read that a Canadian student does not need F1, but needs other authorization to study in the US.. Will she be eligible for that being a Canadian citizen, or is a F1 a better option for her as she has been here for the past 5 years on H4? Thank you.

[JoeF]

Hi. I have read that a Canadian student does not need F1, but needs other authorization to study in the US.. Will she be eligible for that being a Canadian citizen, or is a F1 a better option for her as she has been here for the past 5 years on H4? Thank you.

 

You heard wrong.

[chakrakr]

Of course she would need an F1. Canada is a different country. There are no special rules for Canadians who want to study in the US.

 

A little google helps ....   From http://canada.usembassy.gov/visas/visas/student-and-exchange-visas.html   .......   Canadian Citizens do not need visas to study in the U.S. You do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university that you plan to attend. At the time you receive the I-20 (or DS-2019) you will be registered with SEVIS,"     AND   http://travel.state.gov/content/visas/english/study-exchange/student.html   "Citizens of Canada and Bermuda do not require visas to enter the United States as students"

[Jura]

A little google helps ....   From http://canada.usembassy.gov/visas/visas/student-and-exchange-visas.html   .......   Canadian Citizens do not need visas to study in the U.S. You do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university that you plan to attend. At the time you receive the I-20 (or DS-2019) you will be registered with SEVIS,"     AND   http://travel.state.gov/content/visas/english/study-exchange/student.html   "Citizens of Canada and Bermuda do not require visas to enter the United States as students"

 

Thanks for your reply.  I did google and find this information on The US Embassy in Ottawa, Canada and the U.S. Department of State - Bureau of Consular Affairs, both of which say that Canadian Citizens do not need visas to study in the U.S. 

 

Agree that she will need the I-20 and be registered with SEVIS but since she will not be in H4 status anymore (ageing out), she will need some status and does I-20 give her that or will she get the F-1 ‘status’ which will be ‘stamped’ by the Officer at the port of entry.  So does all this mean that she need not ‘apply’ for the F-1 visa at a U.S. Consulates or Embassy in Canada.  Is that correct?  

[chakrakr]

She should exit and enter with the I-20.   From what I understand ,  Consulate will not entertain her application for F1  at all . 

[pontevecchio]

She will get an I94 at the border if she seeks admission with her I-20. Maybe cover her back by actually talking to a Lawyer instead of a forum. No Offense meant.

[JoeF]

A little google helps ....   From http://canada.usembassy.gov/visas/visas/student-and-exchange-visas.html   .......   Canadian Citizens do not need visas to study in the U.S. You do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university that you plan to attend. At the time you receive the I-20 (or DS-2019) you will be registered with SEVIS,"     AND   http://travel.state.gov/content/visas/english/study-exchange/student.html   "Citizens of Canada and Bermuda do not require visas to enter the United States as students"

 

A visa is an entry document

Canadians get I-94s at the border. A Canadian citizen who wants to study in the US still is in F1 STATUS.

[JoeF]

She will get an I94 at the border if she seeks admission with her I-20. Maybe cover her back by actually talking to a Lawyer instead of a forum. No Offense meant.

And she would still be admitted in F1 Status.

The only difference for Canadians is that they don't need a visa as entry document.

She would still be in F1 status, just like every other foreign student.