Douglas Olsen
International students in the United States on an F or M visa must maintain their status by fulfilling the purpose for which the visa was issued and following associated regulations. Falling out of status means losing legal immigration status, which can compromise an individual's ability to get a U.S. visa or enter the country in the future. Students who fall out of status may face serious problems with U.S. Citizenship and Immigration Services (USCIS) and lose benefits such as work authorization. To avoid this, students can take steps such as maintaining full-time enrollment, regularly checking their university emails, and seeking guidance from their university's Office of International Affairs or an International Student Advisor. In some cases, students may be able to regain their status by applying for reinstatement or travelling outside the U.S. with a new I-20 form.
| Characteristics | Values |
|---|---|
| Status | International students on F-1 visas need to maintain their status by fulfilling the purpose for which the visa was issued. |
| Consequences of losing status | Losing F-1 status means losing legal immigration status, which can compromise future visa applications and entry into the U.S. It also impacts work authorization and access to benefits like practical training and on-campus employment. |
| Options after losing status | International students can apply for reinstatement within 5 months, explaining the circumstances and requesting reactivation. The process takes 6-12 months, and a $370 filing fee applies. Alternatively, they can travel outside the U.S. and re-enter to obtain lawful status. |
| Risks of staying in the U.S. | Remaining in the U.S. without legal status is a high-risk decision. It can lead to deportation and may affect future entry into the country. |
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What You'll Learn
- Students lose their legal immigration status
- Students can face serious problems with US Citizenship and Immigration Services (USCIS)
- Students are unable to receive work authorization
- Students can apply for F-1 visa status reinstatement
- Students can travel outside the US and re-enter to obtain lawful status
Students lose their legal immigration status
Students who lose their legal immigration status face serious consequences, including compromised ability to get a U.S. visa or enter the country in the future. They may also be forced to leave the United States immediately and may not be able to re-enter at a later date. It is important to note that choosing to remain in the U.S. while out of status is a high-risk decision that is not recommended.
If a student's SEVIS record is terminated, they have two options: travel outside the United States with a new I-20 or submit a reinstatement application to regain their status. The student may be eligible to apply for reinstatement by submitting an application to USCIS, explaining the reasons and extenuating circumstances for the loss of status, and requesting to have their status reactivated. The application process typically takes between 6 and 12 months, and the student must pay a $370 filing fee and an $85 biometrics fee. It is important to note that during the reinstatement process, the student is not eligible for F-1 benefits, such as work authorization.
To be eligible for reinstatement, the student must not have been out of status for more than 5 months at the time of filing the request. Additionally, they must have remained inside the U.S. and not have a record of repeated or willful violations of USCIS regulations. The student must also be currently pursuing or intending to pursue a full course of study at the school that issued the Form I-20.
It is crucial for international students to maintain their legal immigration status by complying with regulations and seeking guidance from their school's international student office when needed. Failure to do so can result in severe consequences and impact their ability to remain in the United States or obtain future visas.
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Students can face serious problems with US Citizenship and Immigration Services (USCIS)
International students in the US on an F-1 visa who fail to maintain their immigration status will face serious problems with US Citizenship and Immigration Services (USCIS). Falling out of status means that a student no longer has legal immigration status, which could compromise their ability to get a US visa or enter the country in the future.
Students who have failed to maintain their immigration status may request reinstatement from the USCIS, in certain situations. The F-1 visa status reinstatement process is subjective and up to the discretion of the USCIS. The USCIS will evaluate the applicant's I-539 application and supporting documents and make a decision on whether or not to approve the F-1 status reinstatement. The decision to reinstate an F-1 student's status is at the discretion of the USCIS, and processing times can vary greatly, typically ranging from 3 to 12 months, or sometimes longer. While the application is pending, students must maintain their F-1 status, which includes enrolling full-time, and they may not travel outside the US or work on campus. If a student travels outside the US while their application is pending, the USCIS will consider the application abandoned and deny it. If an application for reinstatement is denied, the student must leave the US immediately.
If a student chooses to travel to regain status, there is no guarantee that they will be issued a new visa or permitted to re-enter the US. If they are admitted to the US with new documentation, they will gain F-1 status, but they will have a new SEVIS record. This means that they must be in status for two semesters (fall and spring terms only) with the new record to be eligible to apply for OPT or CPT.
Students who fall out of status may face other serious consequences, such as being unable to receive employment authorization and potentially facing arrest, detention, or deportation.
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Students are unable to receive work authorization
If an international student falls out of status in the United States, they lose their legal immigration status. This can have serious consequences, including compromising their ability to get a U.S. visa or enter the country in the future. Students who fall out of status are unable to receive work authorization, which is critical for those seeking to gain practical training employment in the United States.
F-1 students, in particular, face strict requirements to maintain their status. Failure to do so can result in the loss of their F-1 visa and the inability to work legally in the country. To regain work authorization, F-1 students may apply for reinstatement through U.S. Citizenship and Immigration Services (USCIS). However, this process can be lengthy, with processing times varying, and there is no guarantee of approval. During the pendency of the application, students are not eligible for any F-1 benefits, including practical training employment authorization or on-campus employment.
To be eligible for reinstatement, students must meet certain criteria, including not having been out of status for more than 5 months at the time of filing the request. They must also demonstrate that the violation of status resulted from circumstances beyond their control, such as serious injury, illness, or institutional closure. Additionally, students must be pursuing or intending to pursue a full course of study at the school that issued their Form I-20.
While awaiting a decision on their reinstatement application, students must maintain full-time enrollment. If approved, they will regain active F-1 status and can resume their studies. However, any violation would remain on their record and could impact their ability to obtain a new F-1 visa in the future. Therefore, it is crucial for international students to maintain their status and promptly address any issues that may arise to avoid losing their legal immigration status and the associated benefits, including work authorization.
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Students can apply for F-1 visa status reinstatement
If a student has violated their F-1 status, they can submit a reinstatement application to request a return to legal student status. This application is submitted to the United States Citizenship and Immigration Services (USCIS).
To be eligible for reinstatement, students must meet the following criteria:
- They have not been out of status for more than five months at the time of filing the request for reinstatement. If more than five months have passed, students must demonstrate that failure to file within the five-month period was due to "exceptional circumstances".
- They do not have a record of repeated or willful violations of immigration regulations.
- They are currently pursuing or intending to pursue a full course of study at the school that issued the Form I-20.
- They have not engaged in unauthorized work.
- They are not deportable on any ground other than overstaying or failing to maintain status.
To apply for reinstatement, students should take the following steps:
- Consult with an International Student Advisor or an immigration attorney to assess their eligibility for F-1 visa status reinstatement.
- If eligible, the student will be advised on how to request a new I-20 form, which is required for the reinstatement application.
- Prepare and gather the required documentation, including financial documentation showing enough funds to cover expenses for at least three quarters.
- Submit the reinstatement application to USCIS either online or by mail, along with the required fees.
The processing time for reinstatement applications can vary, typically taking between five to twelve months. If approved, the student's SEVIS record will be updated to indicate their reinstated status. However, if the application is denied, the student will be required to leave the United States immediately.
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Students can travel outside the US and re-enter to obtain lawful status
International students in the United States on an F-1 visa are required to maintain their status by fulfilling the purpose for which the visa was issued. This includes attending all classes, maintaining academic progress, and maintaining a full course load. F-1 students must also seek authorization from their Designated School Official (DSO) for various activities, including changing their major, transferring to a new school, taking a break from school, and travelling outside the United States.
If an international student on an F-1 visa falls out of status, they may be able to travel outside the US and re-enter to obtain lawful status. The Office of International Education (OIE) may suggest this option if the student is not eligible for reinstatement of their F-1 visa status. To be eligible for reinstatement, the student must not have been out of status for more than 5 months and must meet other criteria.
Students who choose to travel outside the US and re-enter to obtain lawful status should be aware of the following:
- They must consult with their DSO prior to travelling and ensure that their DSO has properly annotated their Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status".
- Their passport must be valid for at least six months after the date of their re-entry.
- They may need a visa for the country they are visiting or for countries where they are making a connecting flight.
- They may need to provide additional documentation upon re-entry, such as a letter of employment or proof of practical training approval.
- CBP officers at the port of entry make the final decision on admitting non-immigrants into the United States, and students may be sent for secondary inspection.
It is important to note that choosing to remain in the US while out of status is a high-risk decision that is not recommended. Students who fall out of status may accrue unlawful presence in the US and may be forced to leave the country immediately. In some cases, they may not be able to re-enter the United States at a later date.
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Frequently asked questions
Being "out of status" means that you no longer have legal immigration status and are undocumented. This could compromise your ability to get a U.S. visa or enter the United States in the future.
If you are out of status, you will be unable to receive employment authorization. You could also have serious problems with U.S. Citizenship and Immigration Services (USCIS).
You should speak to an International Student Advisor to assess your eligibility for F-1 visa status reinstatement. If you are not eligible for reinstatement, you may have to travel and re-enter the U.S. to obtain lawful status.
