Maintenance of Status

In order to maintain academic student visa status a student must pursue a full course of study, not work without authorization, not transfer to a new school without authorization, and complete the full course of study in the time allotted for a particular program. The inverse of any of these criteria would cause a student to be out of status and subject to removal proceedings. Thus a student who:

• Is not pursuing a full course of study; or

• Works without authorization; or 

• Transfers to a new school without prior authorization,

could be placed in removal proceedings.

Exceptions :

Students who fall into the following categories are considered to be maintaining their status.

a. A student who remained in the United States during the annual / summer vacation as long as s/he is eligible to register for the next semester and has the intention of doing so.

b. A student taking less then a full course of study on the advice of the Designated School Official (DSO) for a valid academic reason.

c. A student who falls ill and must drop courses or suspend full academic studies until s/he has recovered.

d. A student with a disability that prevents her/him from pursuing a full course of study.

e. A student who is having difficulty adjusting in the United States due to language or cultural barriers or has difficulty adjusting to the style of education in the United States.

The key in many of these exceptions is prompt documentation and disclosure of the student's situation to the DSO and the INS, so that arrangements can be made to maintain the student's status BEFORE s/he falls out of status.

Reinstatement

A student who is out of status can be reinstated if the basis for the lapse in status was (a) beyond the student's control or if not reinstating the student would result in an extreme hardship; (b) s/he is pursuing or intends to pursue a full course of study; (c) s/he has not worked without authorization; and (d) is not otherwise deportable.

If the INS reinstates the student, the INS will endorse the I-20 identification document and return it to the student with a carbon copy to the school. If the INS chooses not to reinstate the student, there is no right to appeal the decision.

Overstays

In general, an F-1 student is admitted for "duration of status," with the notation "D/S" on the I-94 arrival / departure card. Duration of status means the end date on the I-20, or, for those on practical training work authorization, the end date on the work authorization card, plus 60 days. Students are in valid status during the additional 60-day grace period; during that period a person is not deemed to have overstayed the authorized period of admission.

In general, a person who fails to maintain her/his status for over 180 days and leaves the United States will be subject to a 3-year bar from entering the United States. The rule states that a person who stays in the United States for over a year out of status and leaves the United States will be barred from returning for a period of 10 years. This is known as the 3/10-year bar. Nevertheless, persons with the D/S (duration of status) I-94 card, common for F-1 students and J-1 exchange visitors, are not considered "unlawfully present" for purposes of being barred from the United States for any length of time, unless an INS official or an Immigration Judge has made an official determination of unlawful presence or overstay.

Next in our overview series, we will present a Frequently Asked Questions section on issues relating to changing from F-1 to H1B status.

[See also, F-1 Academic Student Visa Overviews : (Part 1) | (Part 2)]