Visa vs. Status

1. Visa vs. Status • What is the difference, • and why is it important?

2. What is a visa? Permission to apply for entry to the U.S.

3. A Nonimmigrant Visa (NIV) is… • Granted by a U.S. consular official at a U.S. embassy or consulate outside the U.S. (cannot be obtained or renewed within the borders of the U.S.) • A “permit” which allows a foreign national to board a conveyance (ship, plane, train, etc.) and present him or herself for inspection at a Port of Entry. It does not guarantee admission to the U.S. • A colored, digital, machine readable, decal affixed to the foreign national’s passport. • Valid for one, several, or multiple (M) entries. • Valid for a particular period of time (does NOT govern the period of admission to the U.S.)

4. What is status? Permission to remain in the U.S. for a specific period of time.

5. An F-1 Student • Is admitted to the United States for a period known as “Duration of Status,” which is recorded on his or her entry documents (I-94 and I-20) with the notation “D/S.” • Duration of status refers to the period that a student is pursuing a full course of study, plus any optional practical training authorized following completion of the course of study. • A student’s valid I-20 determines the initial parameters of his or her duration of status, because those dates reflect the estimated length of the course of study. • A student can be admitted to the U.S. up to 30 days prior to the report date on Form I-20 and may remain up to 60 days after completing the course of study or optional practical training.

6. What if the visa expires? • The F-1 student visa is used only at the Port of Entry to request admission to the U.S. • Once in the U.S., the validity of the visa is unimportant as long as the student maintains status. • If the student travels outside the U.S., a valid visa is required to re-enter the country. • An exception is made for brief trips (less than 30 days) to Mexico and Canada. Re-entry to the U.S. may be granted with an expired visa in these cases.

7. How is status maintained? Students must… • Report to the Designated School Official / International Office for SEVIS registration upon arrival at the school. • Attend the school that they are authorized to attend. • Pursue a full course of study or engage in authorized practical training following completion of studies. • Make normal progress towards completing a program of study. • Apply for a timely extension of stay. • Obtain a new Form I-20 for a change in academic program, funding, or level of study. • Follow transfer procedures if applicable. • Abide by the F-1 grace period regulations. • Report change of address to the DSO within 10 days. • Abide by any special requirements such as Special Registration (NSEERS). • Maintain a valid passport. • Not engage in unlawful employment. • Depart the U.S. at the right time.

8. How is status lost? Through… • Failure to report to the school for SEVIS registration • Failure to enroll for a given academic term • Failure to make normal progress • Failure to attend the authorized school • Failure to complete the transfer out and transfer in processes • Failure to file a timely change of status • Failure to obtain a program extension prior to program end date • Failure to notify the DSO of an address change within 10 days of the change • Failure to depart from the U.S. at the right time • Unauthorized employment

9. How can status be reinstated? The US Customs and Immigration Service may consider approving a student's reinstatement application if the student can demonstrate that he/she is eligible for reinstatement. ALL of the following must be true. The student: • Has not been out of status for more than 5 months prior to filing for reinstatement • Does not have a record of repeated violations • Is pursuing a full course of study • Has not engaged in unauthorized employment • Is not deportable on any grounds other than the status violation for which reinstatement is being requested • The status violation resulted from circumstances beyond the student's control • If the violation relates to a reduced course load without prior authorization from the DSO, the course load reduction must have been of a type that would ordinarily have been approvable by the DSO if it had been requested in a timely manner • Must provide evidence of extreme hardship if application for reinstatement is not approved

10. Travel vs. Reinstatement • A student may travel and re-enter the U.S. with a new I-20 rather than filing an application for reinstatement. • The DSO must terminate the student’s record in SEVIS and create an initial I-20. • It may be difficult for the student to obtain a visa abroad, or if the student has a valid visa, the Port of Entry official may ask questions about the student’s prior history in the U.S. • The student’s status will be viewed as a “new” entry in F-1 status upon return to the U.S. Therefore, the student would not be eligible for any type of off campus employment until he/she completes an academic year in F status.

11. So? • Check all documents regularly for expiration dates • Know the implications of expired documents • Maintain status • Know what happens if status is lost • Apply for reinstatement or travel and re-enter if necessary • Consult with the Office of International Student Services when in doubt

12. Questions

13. Enjoy the USA! This has been a presentation of the Office of International Student Services University of Illinois at Springfield One University Plaza, MS HRB 52 Springfield, IL 62703 217-206-6678 iss@uis.edu www.uis.edu/internationalstudentservices