As an international student advisor, I can’t emphasize enough how important it is to maintain your visa status and not go out of status once you cross the U.S. border with a student visa.
Even if you go through extraordinary circumstances where you are challenged in pursuing full-time study, it is advised to talk to the International Office to seek help, instead of simply dropping classes.
If not, it’s highly likely that students go out of status which will disadvantage them from pursuing future immigration benefits and achieving their academic/ professional goals.
Let’s look at the case scenario to have a better understanding of how students can be disadvantaged by not maintaining their status.
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Case study scenario
Hi, I have been accepted from your school but I have not received a new Form I-20. I have dropped out of my current university because of my family issues. Can you please re-activate my I-20 so I can transfer to your university? I am eager to study at your university and I already paid the SEVIS fee. Thank you!
The answer based on the immigration regulations
Even if the student has been accepted, if the student has not maintained their status, they are ineligible for Form I-20 transfer.
Why? As you can see below, students who failed to pursue a full course of study at the previous university are ineligible for school transfer. To learn more about how to not go “out of status,” click the related blog post:
Related blog post: International students, be aware not to go “out of status”
…An F-1 student who was not pursuing a full course of study at the school he or she was last authorized to attend is ineligible for school transfer and must apply for reinstatement under the provisions of paragraph (f)(16) of this section, or, in the alternative, may depart the country and return as an initial entry in a new F-1 nonimmigrant status.
8 CFR 214.2(f)(8)(i)
In this sense, the student can do one of the following to transfer to a new school:
- Work with your previous university to apply for the reinstatement.
- Once your I-20 record is successfully reinstated, your previous school will be able to release your SEVIS record (I-20) to your new school.
- To learn more about the transfer process within the U.S., refer to the following post.
Related blog post: Transfer college within the U.S. for international students
- Leave the U.S, get a new Form I-20 from your new university, and reenter the U.S. with a new Form I-20
- Your new university may ask you for proof that you left the U.S. You can submit the Traveller’s history or I-94 to show that you left the U.S.
- Once you receive a new I-20, you may enter the U.S. again with a visa and a new I-20. To learn more about if you can use the old visa and new I-20, click the following blog post.
Related blog post: I received a new I-20, can I use my old visa?
Regardless of the options that you choose, it comes with additional costs as well as headaches. Therefore, please please be familiarize yourself with F-1 visa rules and not go out of status. To learn more about important F-1 rules, go to the F-1 visa page.
Do a favor for yourself now for a successful study abroad life in the future.
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