Violation of F-1 Status

Unlawful Presence for F-1 Students

International students should be aware that it is essential to comply with the visa regulations in order to maintain their visa. You could lose your legal status if you violate the F-1 visa regulations.

The consequences of this could include, but are not limited to

Ineligibility to work on campus
Ineligibility to apply for or pursue Curricular Practical Training
Ineligibility to apply for or pursue Optional Practical Training
Ineligibility to receive a Transfer Recommendation to attend a new school
Ineligibility to apply for a change of visa status

An individual who fails to maintain legal status will begin unlawful presence based on the earliest of the following

The day after Department of Homeland Security (DHS) denies the individual's request for an immigration benefit (for example, reinstatement)
If DHS makes a formal finding that the student/scholar violated their nonimmigrant status while adjudicating a request for another immigration benefit
The day after an immigration judge orders that the student should be excluded, deported, or removed (regardless of whether the decision is being appealed)

What Happens if I Accrue Unlawful Presence?

It is possible that an individual will be restricted from entering the U.S. for three years, ten years, or even permanently:

Individuals who have accrued more than 180 days of unlawful presence during a single stay, and then depart, may be subject to three-year or 10-year bars to admission, depending on how much unlawful presence they accrued before they departed the United States.
Individuals who have accrued a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the United States, and who then reenter or attempt to reenter the United States without being admitted or paroled are permanently inadmissible
Those subject to the three-year, 10-year, or permanent unlawful presence bars to admission are generally not eligible to apply for a visa, admission, or adjustment of status to permanent residence unless they are eligible for a waiver of inadmissibility or another form of relief. (emphasis added)

What Would Make Me Lose Legal Status

These are the most common situations where students lose their legal status

Students academically suspended after a semester ends, who do not transfer to a new U.S. school in a timely way or who do not leave the U.S. by the deadline
Students who fail to correctly report/update their mailing (residential) address in MyUNI. This prevents the Immigration & Advising Coordinator from submitting a required report to SEVIS that you are registered each fall/spring, and eventually leads to automated termination of your SEVIS record.
Students who enroll below full-time without obtaining the required Reduced Course Load approval.
Students who register for too many online course credits.
Students who do not extend an expiring I-20 before the end date.
Students who voluntarily withdraw during a semester but do not leave the U.S. within 15 days.
Students who are withdrawn by the school for misconduct or other violations and do not leave the U.S.
Students who work off-campus without obtaining employment authorization
Students who graduate or complete their OPT but do not
1) depart the U.S. by the established deadline
2) transfer to a new school/program
3) change to another immigration status in a timely way. F-1 students have a 60 day grace period following graduation or the end of OPT

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F-1 students generally do not accrue unlawful presence in certain situations, including but not limited to

During the period of up to 30 days before the program start date listed on your I-20
While you pursue a full course of study at an educational institution approved by Department of Homeland Security for attendance by international students
During any additional periods of authorized pre- or post-completion practical training, including the allowed periods of unemployment
While are you are changing educational levels (example: bachelor’s to master’s, or master’s to PhD) provided that you transition to the new educational level while following the appropriate transfer process
While you are in the approved cap-gap period between OPT and an H-1B
While your application for post-completion Optional Practical Training (OPT) remains pending
While you pursue a school transfer provided that you do everything necessary to maintain your visa status
Assuming you file for reinstatement of status in a timely manner, unlawful presence will not accrue during the time the request is pending. A reinstatement application will be considered "timely filed" if you are not out of status for more than 5 months at the time of filing the reinstatement application. If the reinstatement request is approved, the period of time you were out of status prior to filing the application, along with the period of time that the request is pending, will not be counted as unlawful presence
During annual vacation (summer break) if you are eligible and intend to register for the next term
During your additional grace period as permitted under 8 CFR 214.2(f)(5)(iv) to prepare for departure. This grace period is either:
- 60 days following completion of a course of study or authorized practical training (OPT)
- 15 days if the Immigration & Advising Coordinator authorized the withdrawal from classes (SEVIS termination reason: authorized early withdrawal).
- During a period of reduced course load, as authorized by the Immigration & Advising Coordinator

What About F-2 Dependents?

F-2 dependents (the spouse and children under 21 of an F-1) rely upon the F-1 maintaining their legal status. If the F-1 loses legal status, so do the dependents
Dependents who are younger than 18 do not typically accrue unlawful presence