Your status is your nonresident category granted by an immigration official upon entry in the U.S. or, for those already in the U.S., by applying for a change of status with the U.S. Citizenship and Immigration Services (USCIS). HPU is authorized to issue documents that allow you to apply for an F-1 Student Visa and for your spouse and unmarried children under 21 to apply for an F-2 dependent visa. To be in F-1/F-2 status means you are legally in the United States and have the benefits and restrictions specified for the F-1/F-2 visa category. It is your responsibility to maintain lawful status in the United States.
Your F-1 status is valid only for the duration of your academic program as listed on your Form I-20. In addition to the length of your academic program, you’ll be able to complete any authorized practical training and, provided you are have maintained F-1 status, you’ll have a 60-day grace period after your Program End Date to prepare to depart the U.S. or change to another immigration status, transfer to a degree program at another school, or change to a higher-level degree program at HPU.
Your authorized stay in the U.S. is not determined by the expiration date of your F-1 visa, but by the program completion date on your Form I-20. More than likely, your F-1 visa and Form I-20 do not have the same expiration date. The F-1 visa permits you entry into the U.S. When in lawful status, your Form I-20 shows your eligibility for F-1 benefits, which includes staying in the U.S. and studying full time at the school on record.
In order to take advantage of the benefits of F-1 status, you must maintain lawful status. This means you must maintain appropriate academic progress (enrolling in a full course of study, attending class sessions and completing required work, and making forward progress in your degree), maintain valid documentation and immigration records (possess valid passport, F-1 visa, Form I-20, and up-to-date SEVIS record), obey state and federal laws, and not engage in unauthorized employment.
Please note: A violation of immigration laws or regulations (for example, failing to maintain a full-time credit load or engaging in unauthorized employment) could jeopardize your F-1 status and legal stay in the U.S., as well as provide roadblocks and complications for employment authorizations or future U.S. visa requests.
To maintain F-1 status, you must:
- Pursue a “full course of study” at the school listed on your current Form I-20.
- Complete your studies before the program completion date listed on your Form I-20.
- Keep your Form I-20 valid by following proper procedures for extending your program of study, changing educational levels or fields of study, and transferring schools.
- Remain in the U.S. for no longer than 60 days after completing your current program of study or after completing an authorized period of practical training.
- Keep your passport valid at all times unless you are exempt from the passport requirement.
- Accept no employment except that which is authorized in accordance with the immigration regulations.
- Report any change of address to immigration within 10 days of the change.
If you fail to maintain status, you are ineligible for any of the benefits of F-1 status.
Your DSO is here to help you maintain your status. They’re an essential resource as well as an officer responsible to report status changes to SEVP and make updates to your SEVIS record. Your DSO must authorize or recommend many of the actions you may take while you are studying in the United States. Without this authorization or recommendation, you could risk violation of the terms of your visa, which could result in losing your student status.
Consider your DSO your primary source for information on federal rules and regulations, as well as your advisor on all issues pertaining to the maintenance of your F-1 status.
You must talk to your DSO if any of the following situations apply to you:
- Changing your major, program, degree or educational level
- Transferring to a new school
- Taking annual vacation
- Taking a leave of absence
- Traveling outside of the United States
- Moving to a new address
- Changing your name
- Working in the United States
- Requesting a program extension
- Having trouble maintaining status or need to take a reduced course load
- Having a Terminated SEVIS record or other discrepancies on your SEVIS record
- Wanting to participate in a study abroad program
- Having trouble applying for a driver’s license
- Having any other questions related to your program of study and time studying in the United States
For a student to do any of these things lawfully, a DSO has to be informed. Your DSO can explain any legal issues that might apply to your plans and can give you practical information that can make any of these changes easier.
Your DSO is a great source of information about immigration regulations, but also your school’s policies and procedures. We encourage you to take advantage of this valuable resource.
“Duration of status” is determined by the completion date of your academic program noted as your Program End Date on your Form I-20. When your Form I-20 is created, a Program End Date is determined based on your program of study and entered into your SEVIS record. This Program End Date becomes a contracted date by which you must finish your program.
If you wish you extend your studies at HPU, you must seek authorization from the PDSO. If you’re studying on exchange or study abroad for your academic program at HPU, both your home institution and High Point University must approve an extension.
Requirements for Program Extension
HPU can approve an extension of stay only for specific situations, namely:
- students with compelling academic or medical reasons that require the extension to complete their academic program, or
- due to an error created by a DSO or an updated academic calendar.
As soon as you feel you may not be able to complete your program by the Program End Date, speak with the PDSO about your situation. They’ll help you determine if an extension of stay may be appropriate or if it might be approved.
Once approved, you’ll receive a new Form I-20 designating your new Program End Date.
As a student in F-1 status, you’re expected to maintain full-time enrollment during every required term from your Program Start Date to your Program End Date. Generally, this means that you will need to plan to enroll in classes during every fall and spring semester. Unless your program requires summer enrollment or it’s your first or last semester, you will not be required to enroll during our summer terms–this summer academic break is known as your Annual Vacation.
If you are not able to continue or maintain full-time enrollment during the current or an upcoming semester, you may not be able to maintain your F-1 status and may have to leave the United States until you can regain your status and full-time enrollment. Depending on the situation, you may have options. Before making any decisions to drop your enrollment, request a Leave of Absence, or withdraw from HPU, please speak with your DSO. We will help you determine the options available and the best course of action. Read more about taking a leave of absence and withdrawing as an F-1 student.
If you violate immigration regulations, you risk losing your F-1 status. Depending on your situation, you may be able to regain valid F-1 status. You may pursue two options, through a reinstatement application to U.S. Citizenship and Immigration Services or through travel and reentry with a new I-20/new SEVIS record.
Option: Reinstatement
If you are in the United States and have been out of F-1 status for no more than 5 months, you may apply for reinstatement of F-1 status by submitting the following documents:
- Form I-539: Application to Extend/Change Nonimmigrant Status
- A properly completed SEVIS Form I-20 indicating the DSO’s recommendation for reinstatement
- Form I-94 (for yourself and each family member)
- Supporting statement
- Form I-429 application fee
The immigration officer may consider granting the request if you:
- Are in the United States;
- Have not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrate that the failure to file within the 5 month period was the result of exceptional circumstances and that you filed the request for reinstatement as promptly as possible under these exceptional circumstances);
- Do not have a record of repeated or willful violations of the immigration regulations;
- Are currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20;
- Have not engaged in unauthorized employment;
- Are not deportable on any ground other than being out of status; and
- Establish to the satisfaction of the USCIS, by a detailed showing, either that:
- The violation of status resulted from circumstances beyond your control. 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 your part resulted in the need for reinstatement; or
- The violation relates to a reduction in your course load that would have been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to you. [8 C.F.R. §214.2(f)(16)]
Reinstatement applications take approximately three to four months to process. You must continue to study in order to maintain your F-1 status, but once it is determined that you have violated your student status, you must stop any employment immediately.
Option: Travel and Reentry
In some cases, you may be able to depart the U.S. and re-enter with a new Form I-20, rather than applying for reinstatement. You may do this by obtaining a new I-20 from the school you are currently attending or wish to attend, then departing the U.S., applying for a new F-1 visa if the F-1 visa stamp in your passport has expired, and returning to the U.S. A re-entry to the U.S. after a status violation is viewed by Immigration as “initial attendance” in F-1 status. As such, you are bound by restrictions placed on new students, such as the academic year waiting period for eligibility for practical training. You also will be responsible for paying for the SEVIS I-901 Fee, plus any expenses incurred for travel and visa applications.
To request a new I-20 for travel and reentry, contact your DSO.