Traveling, Vacation, and Maintaining F-1 Status

There different situation which can happen during student’s stay in the U.S. The information below gives the overview of possible issues linked with student vacation, traveling and F-1 status maintaining.

Read carefully the information below on this page or choose the topic relevant to your case.

Change of Non-Immigrant Status

Some non-immigrants do not arrive in the U.S. through an F-1 Visa. During their stay in the U.S., they may decide to remain in the U.S. and change their visa status to F-1,  to study full-time.

 

Applicants who take this route must apply for a Change of Nonimmigrant Status with USCIS before their current non-immigrant visa expires. IAU specializes in processing admission for applicants who wish to change their non-immigrant status. We are in touch with the best paralegals and lawyers in the area to help students through this process.

 

Please note there is a fee for this request. For a list of legal professionalsawyers, paralegals, or to see if this is the right option for you, please email us at [email protected] or call us to make an appointment with a DSO!

Reinstatement of F-1 Status / Out of Status

IAU understands the importance of maintaining F-1 Status while studying in the  U.SUnited States. IAU We may assist students who have fallen out of status to regain F-1 Status through USCIS Reinstatement processing. This process may be quite lengthy and requires an explanation through documents as to why a student deserves to regain his or her F-1 Status with the Department of Homeland Security. Please note, not all applicants who have fallen out of status are eligible for Reinstatement through USCIS. In order to apply, an applicant you must meet the following requirements:

  1. Are currently enrolled or intend to enroll for a full-time course load
  2. Can establish that the violation of status resulted from circumstances beyond the applicant’s your control
  3. Have not engaged in unauthorized employment
  4. Have not been out of status for more than 5 months
  5. Do not have a history of repeated violations
  6. Are not deportable from the US on any other grounds
  7. Have been accepted or have gained re-admission into one of IAU’s programs

Processing times for reinstatement applications vary; however, it may take between 6 months and 2 years for the application to be adjudicated by USCIS. Students are required to register full-time at the next available session before the reinstatement process may begin. During this period, students are not eligible for any type of employment or F-1 privileges  until the reinstatement is approved, and they may not exit the U.S.

IAU will process Reinstatement to regain F-1 Status on a CASE -BY -CASE basis. Please note there is a fee for this request. To see if this is the right option for you, please email us at [email protected] or call us to make an appointment with a DSO!

Student and Exchange Visitor Program (SEVP)

On behalf of the U.S. Department of Homeland Security, the Student and Exchange Visitor Program (SEVP) manages schools, nonimmigrant students in the F and M visa classifications, and their dependents. IAU’s F-1 students must follow these simple guidelines to comply with USCIS regulations:

  1. FULL-TIME. F-1 students must be full-time students at the institution that they are authorized to attend by USCIS. This means enrolling in at least 12 undergraduate units or 9 graduate units each mandatory semester (Spring & Fall) or the initial starting term.
  2. ADDRESS. F-1 students must have a permanent home address outside of the United States. That address must be on file with the institution granting the Form I-20.
  3. PASSPORT. F-1 students must keep their passport valid at all times, up to six months into the future.
  4. FINANCES. F-1 students must be able to support themselves without working illegally during their entire stay in the United States.
  5. PHOTOCOPIES. F-1 students should make photocopies of passports, Forms I-20, and Forms I-94. F-1 students should keep the photocopies of these documents in a safe place. If original documents get lost or stolen, having copies will make the replacement process much easier.
  6. TRAVEL, CONSULT. F-1 students must not travel outside the United States without first consulting with the Office of an International Student ServicesIAU DSO at least 2 weeks before their travel. The IAU DSO will check student’s documents and sign the Form I-20, so that they will be following policy while reentering the United States. F-1 students from certain countries may need to obtain special “visitor visas” to enter Canada. If a student has a family emergency and needs to leave immediately, they should contact an IAU DSO for immediate assistance. Departing the US without a DSO’s endorsement will result in the termination of the student’s SEVIS record.
  7. TRAVEL, OPT. If an F-1 student is eligible and would like to apply for Optional Practical Training, the student will be advised that they should not travel outside the USA until they have been issued the work permit from DHS.
  8. DURATION OF STATUS (D/S). F-1 students will have a notation on either a digital or physical nonimmigrant Form I-94 indicating that the student is authorized to remain in the United States as long as they maintain a valid status.
  9. GRACE PERIOD. A 60-day grace period is available to students who have completed a program of study or completed authorized Optional Practical Training. A 15-day grace period is available to F-1 students who need to cancel/withdraw from classes due to illness, a family emergency or financial difficulties. However, prior approval by a DSO is required before the cancellation/withdrawal takes place. Failure to obtain prior approval results in no grace period and the loss of legal status.
  10. REENTRY. An F-1 student may leave the United States and return within a period of five months. To return, you must have: 1) a valid passport; 2) a valid F- 1 student visa (unless you are exempt from visa requirements); and 3) your Form I-20, page 2, properly endorsed for reentry by ayour DSO. If student you hsave been out of the United States for more than five months, contact a DSO.
  11. NOTICE OF ADDRESS. When an F-1 student arrives in the United States, the F-1 student must report your U.S. address to the DSO. If an F-1 student moves, they he/she must notify the DSO of the your new address within 10 days of the change of address. A DSO will update SEVIS with the new address.
  12. VISA OVERSTAYS. A nonimmigrant visa stamp in a student’s passport will be void in the United States beyond the period of authorized stay. A student cannot seek a new visa other than from their country of citizenship. (Illegal Immigration Reform & Immigration Responsibility Act of 1996)
  13. PERIOD OF STAY. An F-1 student may remain in the United States while taking a full course of study or during authorized employment after their program. When F-1 status ends, the student is required to leave the United States on the earliest of the following dates: 1) the program end date on the Form I-20 plus 60 days; 2) the end date of OPT plus 60 days; or 3) the date of termination of the program for any other reason.
  14. BE AWARE OF THE DATES ON FORM I-20. Students should plan the education program so that they will not be out-of-status and be enrolled in the appropriate number of units (this means the completion of the appropriate amount of units for the student’s program at the end of Fall or Spring semester). (Illegal Immigration Reform & Immigration Responsibility Act of 1996)
  15. EXTENSION. Students must plan their extension of stay in a timely manner to meet the immigration deadline. (Illegal Immigration Reform & Immigration Responsibility Act of 1996)

Refer to the U.S. Immigration and Customs Enforcement (ICE) website. For additional information, students should contact an IAU DSO and schedule an appointment.

USCIS Request of Evidence

Students who currently have a case pending with USCIS may receive a Form I-797 requesting further evidence to process their case. In many cases, it may question an applicant’s maintenance of F-1 Status. IAU specializes in processing these types of requests and has developed a great understanding of the types of supporting documentation USCIS is looking for. Please note that processing time will vary for these types of requests.

 

If students you have a request, please email [email protected] and send IAU us a scanned copy of the your Form I-797. Please note there is a fee for this request. For more details, please call us to make an appointment with a DSO!

Visa Renewal and Traveling Outside of the U.S.

Students with a valid F-1 Visa also have the option of traveling to regain status instead of applying for reinstatement. When you travel to regain status, you are issued a new Form I-20 for “Initial attendance” with a new SEVIS ID number. You then leave the US and re-enter using the new Form I-20. When you re-enter the US and receive an I-94 marked “F-1 D/S”, you will once again be in valid F-1 status. However, if you choose to travel to regain status, you will forfeit any time you have accrued toward practical training eligibility. You will need to be registered for one academic year in order to qualify for practical training and graduation.

Please note that, although this route may be faster than reinstatement, it is quite risky. Students who have a VALID F-1 Visa may travel to regain status. However, students who do NOT have a valid F-1 Visa must return to their HOME country to renew their F-1 Visa.

Please note there is a fee for this request. To see if this is the right option for you, please email us at [email protected] or call us to make an appointment with a DSO!