How long can an F-1 student be out of status?

US Immigration law states that individuals in the US for more than 180 days without a valid status are banned from returning to the US for at least 3 years. Individuals in the US for more than 1 year without a valid status are banned from returning to the US for at least 10 years.

What happens if an international student is out of status?

If you fall out of status, you no longer have legal immigration status. If that happens, you could have serious problems with U.S. Citizenship and Immigration Services (USCIS). It could compromise your ability to get a U.S. visa or even enter the United States in the future.

What is the 5 month rule for F1 visa?

If an F-1 student is out of the United States for more than five consecutive months (and not on study/research abroad), their SEVIS Record must be terminated. They will need to obtain a new F-1 I-20, with a new SEVIS Number, and pay the I-901 SEVIS Fee again prior to returning to the U.S. to resume studies.

How long does it take to reinstate F-1 status?

Option 1: Reinstatement

A reinstatement application costs $370 and can take approximately five months to be processed by USCIS. If approved, the student is reinstated and will resume active F-1 status.

What is the grace period for F-1 students?

F-1 Grace Periods

An F-1 student may remain in the United States for up to 60 days beyond: the completion of the program of study; and. the completion date of any authorized post-completion optional practical training.

How to Change Status From a B-1/B-2 Visitor Visa to the F-1 Student Visa

How long can a F-1 student stay in the U.S. without attending school?

How long can I stay in the U.S.? Up to 60 days after completion of your program. You may not work during those 60 days. If you do not complete your program you may only stay for 15 days pending approval from an International Advisor.

What if my F-1 student visa has expired?

If your visa expires while you are in the U.S., the next time you travel abroad you must obtain a new F-1 visa before returning to the U.S. Visas can only be obtained outside of the U.S. at a U.S. consulate. Exceptions to this rule exist for short trips to Canada, Mexico, and the Caribbean islands.

How do I regain my F-1 status?

How do I get reinstatement of F-1 status?

Under what circumstances would an F-1 student not eligible for reinstatement?

Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for ...

What is the 90 day rule for F1 visa?

The 90-day rule refers to a presumption that a nonimmigrant visa holder made a willful misrepresentation at admission or application for a nonimmigrant visa when that nonimmigrant enters the U.S. and within 90 days engages in conduct that is not allowed with their nonimmigrant status.

Can I overstay my F1 visa?

Staying in the U.S. beyond your allowable grace period is also a violation of F-1 regulations. If your SEVIS (or I-20) is terminated OR you overstay your grace period, you could be accruing unlawful presence. This can lead to arrest and deportation proceedings.

How long can I stay in the US with an expired F1 visa?

The length of your grace period depends on your visa type. F-1 visa holders have 60 days after their program end date to leave the United States. For F-1 students who participate in post-completion optional practical training, they have 60 days after their employment ends to depart.

Does out of status mean illegal?

Being Out of Status Isn't Necessarily Unlawful Presence

However, a foreign national who is accruing unlawful presence is, by definition, out-of-status. An H-1B nonimmigrant worker may be out of status if the foreign national quits the job and does not work.

How long can you stay in U.S. after graduation as an international student?

International students are allowed to stay 60 days after graduation or after the program end date to wrap up their affairs, do some tourism, whatever. If they're going to work an optional practical training or opt in non stem degree areas, they may work one year and in STEM degree areas they may work three year optos.

When can an international student be deported?

Aggravated felonies, criminal moral turpitude and drug-related crimes all can cause deportation.

How much is F-1 reinstatement fee?

Payments for reinstatement fees: The $370 Fee can be paid in the online form once you file to USCIS after we give you the reinstatement I-20 -OR- If you file by mail, you will need a check or money order made payable to "U.S. Department of Homeland Security" in the amount of $370.

How long can I stay after SEVIS termination?

After a SEVIS record is terminated, a student is not eligible for the 60 day grace period and should plan to take one of the below actions immediately.

How much does F-1 reinstatement cost?

Reinstatement vs Traveling to Regain F-1 Status. $455 ($370 for the application fee, $85 for the biometric services fee) If you have been out of status for more than 5 months, you must also pay $350 for a new SEVIS/I-901 fee.

What happens if F-1 reinstatement status is denied?

If reinstatement is denied, the student is considered to have lost F1 status, and his or her visa will be invalidated in accordance with section 222(g) of the Immigration and Nationality Act (INA). Accordingly, the student is required to immediately depart the United States.

Can I apply for green card while on F-1?

One option for students who are in the U.S. on F-1 visas and wish to become Green Card holders is to apply for an EB-1 visa, also known as first-preference employment-based visas. This means going from F-1 to Green Card through employment.

Can SEVIS be reactivated after termination?

To be eligible for a SEVIS reactivation, an F-1 student must meet all of the following criteria: SEVIS record must be terminated for "Authorized Early Withdrawal". Must have maintained F-1 status, including full-time enrollment, prior to SEVIS termination. Must have departed the U.S. within 15 days of SEVIS termination.

Can I renew my F1 visa without leaving the US?

You may only renew your F-1 visa at a U.S. embassy or consular office outside of the United States. Contact the U.S. embassy/consulate, generally in your home country, to set up an appointment. The wait time for an appointment and for visa issuance varies.

What is the grace period for F-1 termination?

F-1 students must leave the United States within 15 days of the termination date. This grace period does not apply to M-1 students, who must depart immediately.

Can I reinstate student visa?

In general, to be eligible for reinstatement, the student must: Not be out of status for more than five months at the time of filing or show the exceptional circumstance that prevented filing in that time frame. Not have a record of repeated or willful violations of regulations. Not have worked without authorization.