How Can a Student With an Expired F-1 Visa Maintain Legal Status?

Related Ads
Connect With an Immigration Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

You can still maintain your legal status as an F-1 student, even after your visa stamp has expired. 

It is important to know that the visa stamp is only an entry document and does not determine the length of your legal stay in the United States. If it expires, you are not required to renew it in order to maintain your status. However, if you travel outside the United States after it expires, you will need to apply for a new visa stamp before you can reenter in F-1 status.

The only way to get a new visa stamp is to apply for one at the United States embassy or consulate in your home country. The process will be similar to the one you went through to get your initial visa stamp. You will have to again demonstrate that you have the intent to return home when you complete your studies and that you have liquid assets to fund your studies and living expenses. You will also have to show that you have been maintaining your F-1 status by making normal progress towards your degree. Always check the website for your embassy or consulate for additional information about the application process. 

A lot of students ask about applying for a new visa stamp in a third country, such as Canada or Mexico. You may have this option, but it is generally not a good idea because there is always the risk that your application can be delayed.This will be problematic if you do not have the authorization to remain in that third country for an extended period of time. 

How Do You Know When Your F-1 Status Expires?

Your period of legal stay (commonly referred to as “period of authorized stay”) is indicated on the I-94 Record of Arrival and Departure. While most nonimmigrants receive a date on their I-94 indicating exactly when their legal status expires, F-1 students receive a “D/S”.  D/S stands for “duration of status.”

Duration of status means, according to government regulations, the period during which a student is “pursuing a full course of study at an educational institution approved by USCIS for attendance by foreign students, or engaging in authorized practical training following completion of studies, plus 60 days to prepare for departure from the United States.” 

So, as long as you are otherwise maintaining your F-1 status, you are allowed to remain in the United States until the end of your 60-day grace period. This allows students flexibility in pursuing their studies.  For example, if you decided to change from a Master’s degree to a Ph.D. halfway through a program, your Form I-20 could be updated and extended to give you the extra time you need to complete the new degree without you having to leave the United States. 

Maintaining F-1 Status

You are maintaining your F-1 status as long as you are enrolled as a full-time student and are making normal progress towards completing your degree. You are also maintaining your F-1 status if you are approved for Optional Practical Training (OPT) after you complete your program. 

It is important to know some of the more common reasons for falling out of F-1 status, as many of them can easily be avoided. These include, but are not limited, to: 

  • failing to enroll full-time for a semester without authorization from your DSO
  • working off-campus without authorization
  • failing to extend your Form I-20 when more time is needed to complete your degree
  • failing to apply to change your status or depart the United States at the end of your 60-day grace period
  • leaving the U.S. for an extended period of time without making arrangements for a temporary leave of absence with your DSO
  • commiting a crime that makes you inadmissible to the United States.

Most of these occurrences can be avoided if you meet with your DSO as soon as you become aware of the issue. For example, you should know whether or not you need more time to complete your degree before your Form I-20 expires.Once you are aware of this possibility, you can make arrangements with your DSO for a timely extension.

LA-NOLO1:LDR.1.5.0.20140409.25642