F-1 Legal Status:
Violation of Legal Status
Violation of F-1 visa regulations results in the loss of legal status in the U.S. Consequences include, but are not limited to:
Regaining F-1 Legal Status
It is important that students discuss legal status issues with an ISSS Adviser. There are two ways in which a student may be able to regain legal F-1 status:
- Submitt a Reinstatement of Legal Status Application to DHS
- Reentry into the U.S. with a new “initial admit” I-20.
Students who are Reinstated by DHS or who reenter with an “initial admit” I-20 will be required to enroll as a full-time student for at least one academic year before becoming eligible to apply for off-campus work permission and/or curricular or optional practical training.
DHS Declaration of Unlawful Presence
If an DHS official or an immigration judge declares an individual to be unlawfully present in the United States, the unlawful presence will begin on the date of the DHS decision – not the date the individual violated his/her status.
Unlawful presence will have an effect on future eligibility for entry into the United States:
- Individuals who have been unlawfully present in the U.S. for more than 180 continuous days but less than one year are barred from admission to the U.S. (under any visa type) for a period of 3 years from the date of departure.
- Individuals who have been unlawfully present in the U.S. for one year or longer are barred from admission to the U.S. (under any visa type) for a period of 10 years.
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