Change/Extend Nonimmigrant Status
In general, you may apply to change or extend your nonimmigrant status if:
- You were lawfully admitted into the United States with a nonimmigrant visa;
- Your nonimmigrant visa status remains valid;
- You have not committed any crimes that make you ineligible for a visa;
- You have not violated the conditions of your admission; and
- Your passport is valid and will remain valid for the duration of your stay.
You may not apply to change or extend your stay if you were admitted to the United States in the following categories:
- Visa Waiver Program;
- Crew member (D nonimmigrant visa);
- In transit through the United States (C nonimmigrant visa);
- In transit through the United States without a visa (TWOV);
- Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa); or
- Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa).
When an F-1 student’s I-20 is terminated, the student loses status/becomes “out of status”. There are two options to regain active status.
1. Travel Option
Depart the U.S. and re-enter with a new initial I-20 from the school where you lost status or from a new school authorized to issue I-20’s. This option requires the student to return to his/her home country. The student may also need a new visa issued by the local U.S. Embassy or Consulate in the student’s home country.
2. Reinstatement Option
Not everyone is eligible for reinstatement. The common eligibility requirements are below.
- You have not been out of status for more than 5 months;
- You are enrolled full time or plan to enroll full time as soon as possible;
- You have not been employed without authorization;
- You are not in deportation proceedings;
- You lost status for reasons beyond your control; and
- You do not have a record of repeated or willful violations or other unlawful activity.
Get Free Consultation today to find out whether you are eligible!