Violation of F-1 Status

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)

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• Students who are withdrawn by the school for misconduct or other violations and do not leave the U.S.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

As an international student, it is your responsibility to maintain your F- status.

The best way to maintain your legal status is to

• Read your emails from UNI and the Immigration & Advising Coordinator
• Be aware of your own immigration situation
• Remember to follow these immigration requirements
  • Register full-time or receive authorization to take a Reduced Course Load through the Immigration & Advising Coordinator
  • Remember that you can only count a maximum of three online or distance learning credits per semester towards your full course load requirements.
  • Update your U.S. address within 10 days of any change by following the change of address directions
  • You cannot work in the U.S. illegally. Do not work off-campus without obtaining authorization from the Immigration & Advising Coordinator
  • Get an updated travel signature if you need to travel outside of the U.S.
  • Follow deadlines. Missing a deadline could result in your losing your legal status
  • Attend class and strive to do well academically. This does not mean you have to get all As, but some students do not attend class (or attend sporadically) and eventually receive failing grades
  • Maintain, at least, the minimum Grade Point Average (GPA) required by your academic program. Too many low grades will lower your GPA. If you drop below the required GPA, you may be put on probation and given the chance to improve your GPA. If you still do not improve your GPA, you will likely be suspended for one year. If this occurs, you will either need to leave the U.S. or transfer to another U.S. school. You cannot remain in the U.S. without attending school
  • Do not engage in academic misconduct. 
    Charges of academic misconduct may lead you to be suspended or expelled at any point, including while a semester is in session or after/between semesters. If this were to occur, it would impact your immigration status.
    Examples of misconduct include, but are not limited to, turning in or copying others’ work on assignments, looking at someone else’s test, paying for someone else to write papers for you, and hiring someone else to take online classes for you
  • If you lose your legal F- status for any reason, you should speak to the Immigration & Advising Coordinator IMMEDIATELY so that we can help you assess your situation and whether you qualify for reinstatement

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

• 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