Immigration Information
This page contains general information for F-1 international students. To
the left are links to other valuable immigration related information for international
students on special topics.
The focus of this section is on the specific obligations the U.S. Bureau of
Citizenship and Immigration Services (BCIS) says F-1 students must follow in
order to maintain their non-immigrant status and qualify for other benefits
such as practical training, change of status, etc.
Immigration Documents
The following documents are very important and must be valid at all times:
- Passport (should be valid for a minimum of 6 months into the future)
- Certificate of Eligibility for Nonimmigrant Student (F-1) Status (BCIS
SEVIS Form I-20)
- Departure Record (BCIS Form I-94; white card usually stapled in passport)
Forms I-20 and DS2019 (formerly IAP-66) issued prior to January 30, 2003
will remain valid for visa issuance, admission to the US, or change of
status prior
to August 1, 2003. By August 1, 2003, all F-1, F-2, J-1 and J-2 students,
scholars, and their dependents must have a SEVIS Form I-20 or DS-2019.
Please keep the originals in a safe place. We recommend that you make photocopies
of these documents and store them in a location separate from the actual documents.
If the date on your I-20 will be expiring, if any information on your I-20
is not valid, or if you are contemplating a change of degree level or major,
please visit the ISS and apply for a new SEVIS I-20 or before you leave the
United States for travel abroad or apply for any immigration benefit.
Under the current immigration regulations, the I-20 end date must be the average
length of time a student needs to complete a similar program in the same discipline.
This means that when ISS issues you a new SEVIS I-20 you will have no grace
period, and you must generally complete your degree by the end date on your
SEVIS I-20. If you feel that you cannot complete your program in the time we
allow you, you may file for an extension of stay with ISS. This extension must
be filed and approved in advance of the end date on your I-20 and their must
be a valid reason for the extension.
Failure to have your I-20 undated in a timely manner, or to secure the necessary
approvals, may result in a loss of your immigration status in the United States.
If any of your immigration documents (passport, I-94, or I-20) are damaged,
lost, or stolen, you must have them replaced as quickly as possible. You should
contact the ISS if you have any questions about the documents or if you need
to have them replaced. Please bring the above-mentioned documents with you
each time you visit the ISS.
Full Time Enrollment
The Bureau of Citizenship & Immigration Services) BCIS regulations require
that all students on temporary visas pursue their studies on a full-time basis
at the institution they have been authorized to attend. Undergraduate students
(including those in pre-master’s status) must successfully complete at
least twelve credit hours and graduate students must complete at least eight
credit hours each semester (excluding an approved annual vacation). See an
ISS counselor for details on complying with this and other BCIS requirements.
Fore more details about this topic and possible exceptions click here.
Checking in at the ISS and SEVIS Reporting Requirements
All non-immigrant international students must check in at the ISS complete
a data sheet, and show their immigration documents before registering for
classes. This is required under federal law so we can register you in the
SEVIS system.
The new regulations require that ɫapp International Student Services
Office report information to BCIS through the SEVIS system within prescribed
periods. Within 21 days of a change in information as follows, ɫapp
must update SEVIS with current information including:
- A change in the name, address or curriculum of the school
- Any student who has failed to maintain status or complete his or her program
- Name
change for student and dependents
- Addresses and address changes for student and dependents: The student must
notify the International Student Advisor within 10 days of an address change
and the International Student Advisor must notify SEVIS within 21 days
of notification. This must be the physical location where the student resides,
rather than a
mailing address.
- Any student who graduated prior to the program end date on the I-20
- Disciplinary action taken by the school as a result of conviction of
a crime
- Any other notification request made by SEVIS relating to the current status
of the student
The school must also report the following information each semester no later
than 30 days after the deadline for registering for classes:
- Student's academic status (i.e., whether the student has enrolled, dropped
below a full course of study without prior authorization by the International
Student Advisor or failed to enroll);
- The current address of each enrolled student; and
- The start date of the student's next semester.
A school’s compliance with the reporting requirements does not exempt
the student from other reporting requirements as a result of other laws or
regulations. For example, students who are from some specific countries are
required to undergo “special registration,” which has a special
address reporting requirement even though address data is reported to BCIS
through SEVIS, these students are still required to carry out the address reporting
as required through the “special registration” process. Countries
from which students are required to undergo “special registration currently
include: Bangladesh, Egypt, Indonesia, Jordan, Kuwait, Morocco, Pakistan, Saudi
Arabia, Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea,
Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Iran, Iraq, Libya, Sudan,
Syria, and Yemen.
Name and Address Changes that Must be Reported
Students must report address changes to the DSO within 10 days of changing
address. The final rules allow a students mailing address to be reported
on SEVIS, particularly where the physical address on campus is not a mailing
address. The school is still required to maintain the physical address of
the student. So, it is important that you give the ISS both your mailing
and your physical address. In the future the SEVIS system will require both
addresses. The school must keep a record of both mailing and local (the place
where the student actually lives) addresses.
Reporting to the DSO does not exempt non-immigrant F-1 students from
other types of addresses that must be reported, such as non-immigrant
students who are required to report under the National Security
Entry-Exit System (NYSEERS) in addition to the SEVIS address reporting
requirement.
Transferring
Transferring
F-1 students must obtain a transfer clearance form from their
previous school in the United States and must complete transfer
procedures as provided in the federal regulations within fifteen
days of the first day of class. F-1 students must notify the INS
through the ISS of any change in program, including changes in
level and field of study.For more information about this
topic click on the link to the left.
Length of Time You May Remain in the USA
You may study in your present program until you complete all program
requirements or until the expiration date in Item #11 on your BCIS
Form I-20, whichever occurs first.If you need more time to complete your studies than allowed by
your Form I-20, you must
contact the ISS before the expiration date to request an
extension.If you complete
your program before the end date indicated on your Form I-20, the Form
I-20 is only valid if you have applied for Optional Practical Training
(OPT) to follow the completion of your program.If you have been granted OPT you should still ensure that your
I-20 does not expire.
The date you officially complete your studies is
very important because BCIS regulations state that your lawful F-1
status automatically ends sixty days after you complete your program
unless you take some action to remain lawfully in the U. S.Different programs have different dates of completion.Please see below for specific information concerning official
dates of program completion.
Undergraduate
Students and Graduate Students Who Are Not in Thesis or Dissertation
Programs - You will officially complete your program when you
complete all program requirements. Generally, if you complete programs
requirements during the following:
Spring semester
|
Your date of program completion will be the
date of the May graduation ceremony
|
Fall semester
|
Your date of program completion will be the
last day of exams for Fall Semester
|
Summer semester
|
Your date of program completion will be the
last day of exams for the Spring Semester
|
Accelerated Programs
|
See the ISS
|
Graduate
Students in Thesis or Dissertation Programs
- Regardless of when
you participate in graduation ceremonies, you officially complete your
studies when you submit the final version of your thesis or
dissertation, and ɫapp certifies that you have successfully
completed all degree requirements. Please note that all students who
will complete and submit their
thesis/dissertation during the summer must be registered for academic
credit during the summer session.
Please consult with staff at the ISS regarding your
option at least one semester before you complete your studies.Upon completion of your program, you will have sixty days to
choose one of the following options:
- Begin a new program of study at ɫapp or at another college
or university
- Apply for up to twelve months of “optional practical training” employment
- Apply for a change to a different immigration status
- Depart the country
You may remain in the United States and still
maintain F-1 status during holidays and vacation periods observed by
ɫapp, including during summer vacation, provided you are
eligible and intend to register for the next academic semester and all
of your immigration documents remain valid.You are still considered to be maintaining F-1 status in the
United States, even if the F-1 visa stamp in your passport expires,
provided all of your other documentation is valid.If you have travel plans outside the United States, please see
the following section for visa requirements.
Extension of Stay
An F-1 student who is
unable to complete the course of study by the end date on the I-20
may be granted an extension by the DSO if the student has continually
maintained status and the delays are caused by“compelling
academic or medical reasons, such as changes of major or research topic,
unexpected research problems, or documented illnesses.Delays caused
by academic problems or suspension are not acceptable reasons for program
extensions.”
Note: Students
must request an extension of stay before the end date of the program
as noted on Form I-20. Extensions of stay may be granted at any time
prior
to the end date listed of the student’s original Form I-20.
Changes of Program
If there is a significant change in your program of study, (i.e. change
of major, change of funding, change of degree level) you must contact
the ISS immediately to obtain a new Form I-20 to reflect any
modifications to your program.
Travel
We would encourage you to contact the ISS anytime you plan to travel
outside of the U.S. In
addition, anytime you travel outside the U.S. and return to ɫapp
University, you should bring your passport, Form I-20 and Form I-94 to
the ISS so that we may update your file.BCIS requires that we maintain current copies of your passport
and visa documents.If you
have been on a Study Abroad program or you have interrupted your studies
for any reason, you may need a new Form I-20 to re-enter the U.S.Please refer to the appropriate sections of this handout for more
information.
Travel
Within the U. S. - You
may travel within the U. S. provided you maintain your lawful F-1 status
and have a valid passport, Form I-20 and Form
I-94 in your possession.
Travel
Outside the U. S. before Completion of Studies -
You may leave the U. S. at any time.You are permitted to return in the same status if you have a
valid passport, valid F-1 visa stamp and valid Form I-20 that has been
signed and endorsed on the reverse side by a Designated School Official
(DSO) at the ISS.Only a
Designated School Official at the ISS is authorized to sign your Form
I-20.If you travel to
Canada, Mexico, or certain islands near the U. S. for fewer than 30
days, you may be eligible to re-enter the U.S. even if the F-1 visa
stamp in your passport has expired.You should consult with the ISS before making any trips outside
the country.There are now
some restrictions in place which prohibit students from certain
countries from making use of the “automatic revalidation”
provisions.Additionally,
if a student goes to Canada or Mexico to apply for a visa stamp from the
U.S. Embassy or Consulate and is denied, s/he will not be allowed to
re-enter the United States under the “automatic revalidation”
provisions.
Procedures for returning to ɫapp are
distinct from those for returning to attend a different school.If you are returning to ɫapp, the ISS must sign the
back of your Form I-20
before you leave the U. S.If
you wish to attend a different school upon your return to the U. S., you
should notify ISS of your intention.You must obtain a new Form
I-20 from your new school and use that form to re-enter the U. S.
Please be aware that if you apply for a new visa
and have an I-20 issued after September 1, 2004, you will be subject to
the $200 SEVIS fee which must be paid in advance prior to your visa
interview and is in addition to the regular visa fees.
Travel
Outside the U. S. after Completion of Studies - The date you
officially complete your studies (see
“Completion of Studies” section above) is very important to
your ability to travel and re-enter the U. S.If you attempt to return to the U. S. using your current BCIS
Form I-20, you may be
denied the right to re-enter the country unless you have been authorized
to engage in “Optional Practical Training” employment. BCIS
regulations require that if you depart the U. S. after completion of
studies, you must present the following documents to the BCIS Inspector
upon your arrival back in the U.S.:
- A valid Employment Authorization card (BCIS
Form I-688) and
- Your BCIS Form I-20 which has been endorsed within the last six
months by the ISS for travel
In addition, we recommend that, if you do have a
job, you present a letter from your Optional Practical Training employer
verifying your employment.
International Students who wish to Study Abroad
If you decide to participate in a Study Abroad program while at ɫapp
University, please contact the ISS.In some cases, you will need a new
Form I-20 to return to the United States.Any absence from the United
States for a period of 5 months or more may affect your eligibility
for Optional Practical Training.Please discuss this with your ISS advisor
before finalizing your plans or leaving the United States.
Dependents and other Family Members
If you are married and/or have children, you may be eligible to have
your spouse (husband or wife) and/or children visit you temporarily or
join you for the duration of your studies.You must, however, provide
evidence that there are funds available to support them while they
are here.Each family member must now be issued their own Form I-20.Please
be aware that there are restrictions on full time
study by F-2 dependents.Please
contact the ISS for more information.If other members of your family
(parents, siblings, etc.) wish to visit you temporarily, the ISS will
be pleased to issue a Letter of
Invitation to assist with their application for a tourist visa.
All dependent
F-2 and J-2 non-immigrants must be issued their own I-20 or DS-2019.
The U.S. Bureau of Citizenship and Immigration
Services has published a final rule that changes the regulations
governing enrollment for F-2 dependents. The final rule took effect on
January 1,2003.Under this
rule, the F-2 spouse of an F-1 student may not engage in full time
study, and the F-2 child may only engage in full time study if the study
is in an elementary or secondary school (kindergarten through 12th
grade). The F-2 spouse and child may engage in study that is vocational
or recreational in nature.Full
time study is defined as 12 credit hours for undergraduate students and
8 credit hours for graduate students.
An F-2 spouse or child
who was enrolled on a full time basis prior to January 1, 2003, will be
allowed to continue study but must file for a change of nonimmigrant
classification to F-1, J-1, or M-1 status on or before March 11, 2003.An F-2 spouse or F-2 child violates his or her nonimmigrant
status by engaging in full time study.
If you are an F-2 dependent and are going to be a
full-time student on or after Spring 2003 (12 hours for undergraduate
students and 8 hours for graduate students), you will need to apply to
the BCIS for a change of status to F-1 before March 11, 2003. It can
take up to 240 days for the BCIS to approve a change of status so it is
important that you apply early.The
ISS can help you prepare an application for a change of non-immigrant
status.The ISS web page
has information about this process.
The F-2 spouse and minor
children will each be issued an individual I-20 (F-2 dependent I-20).In addition, current information will be transmitted
electronically into SEVIS (Student and Exchange Visitor Information
System) throughout your stay in the United States as F-2. Please let the
ISS know of a change of your immigration status, address or name within
10 days or you will be considered “out of status” by the BCIS.
Children in elementary and secondary school are
permitted full time study. “Avocational” or “recreational”
study is allowed at the university level, but full time, matriculated
study requires a change to F-1 status for dependent spouses and
children.
Waiver of FERPA
(Family Educational Rights and Privacy Act)
International students on non-immigrant visas are advised that under the
new immigration regulations,FERPA is waived to authorize
and require an educational institution to report information concerning
any F, J or M nonimmigrant that would normally be protected by FERPA.
Failure to
Comply with Responsibilities
The immigration laws of this country provide for severe penalties if
you fail to comply with your immigration responsibilities.You should work closely with the ISS staff to make certain that
you comply with all F-1 regulations.Additional information is available from the ISS.The staff of this office is always pleased to provide you with
information, counseling, and assistance so that you may achieve your
educational goals while at ɫapp. We are happy to help
you in any way we can to understand and comply with all federal
immigration rules.
avs07122004
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