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Subject: Re: Canadian Citizen -> F1 Posted on: 2003-10-02 14:35:30 PST

Please see below what I found in the archive. So, I believe the visa is not
required, but would one still have to present an I-20 form to get F-1
status? My daughter is auditioning for a Pre-College, which does not issue
I-20 forms but still insists on all foreign students having F-1, so they say
she would have to enroll into a private school to get I-20 (public schools
don't issue I-20 forms either). This obviously is very expensive and our
plan was, if she gets accepted, to enroll her instead into a distant
learning program in Canada, but then where do we get the I-20?

Thanks,
/MM


From: Sylvia Ottemoeller (sottemoe@saonet.ucla.edu)
Subject: Re: Canadian Citizen -> F1
Newsgroups: misc.immigration.usa
Date: 2003-10-02 14:35:30 PST

"DBest" wrote in message
news:kHLeb.1434$4Z3.11765@newscontent-01.sprint.ca...

> I am a Canadian Citizen who will be applying for
> an F1 student visa, just waiting for the I-20 form
> from my school.
>
> As I understand it, I need to:
> - show financial ability to support myself
> - show strong ties to Canada
> - need a visa photo, $100, passport and the I-20 form
> I am confused however as to whether I need to
> apply at the consualte, or whether I can just get
> the visa at the airport/border.

First of all -- your school should have answered that question clearly in
the paperwork sent to you. Otherwise, the international office of the
school is not doing a good job!!

A visa is a stamp or seal placed in a passport, which gives the bearer
permission to ask to enter the U.S. in a particular status during a
particular period of time.

A visa is not a status. Many people get these terms confused.

A citizen of Canada is exempt from the requirement to get a visa, except for
E and K visas. Here is the regulatory authority for this statement:

From 22 CFR section 41.2 (available through
http://lula.law.cornell.edu/cfr/cfr.php?title=22&type=part&value=41):

Sec. 41.2 Waiver by Secretary of State and Attorney General of
passport and/or visa requirements for certain categories of
nonimmigrants.

Pursuant to the authority of the Secretary of State and the
Attorney General under INA 212(d)(4), the passport and/or visa
requirements of INA 212(a)(7)(B)(i)(I), (i)(II) are waived as
specified below for the following categories of nonimmigrants:

(a) Canadian nationals. A passport is not required except after
a visit outside the Western Hemisphere. A visa is not required.

__________________

That means that a citizen of Canada can present himself or herself at the
port of entry with the proper documents for a certain status, and the U.S.
immigration officer can allow that person to enter the U.S. in that status.

So, you do not need to apply for anything at a consulate. At the
airport/border, you will *not* get a visa. However, if all goes well, you
will get F-1 *status.* As your evidence of having this status, you will get
Form I-94, a white card placed in your passport, properly endorsed to show
F-1 status.


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