Student Visas and a Break in S

Student Visas and a Break in Studies – Is your F1 still valid? By: Beth Robertie, Associate 最近，The Department of State发布了有关指引，对于F-1或M-1学生身份持有者如果停止学习超过5个月后是否仍能保持其身份的问题。以下是有关信息： The Department of State recently issued guidance on the issue of whether F-1 or M-1 visa holders still maintain valid status after the student has a break in studies longer than five months. As described below, the rules vary depending on the student’s situation. Student Remains in the United States An alien beneficiary who holds valid F-1 or M-1 status who is transferring between schools or programs loses student status if he does not resume classes within five months, marked from the time that his program ends or he has transferred out of the previous school. Students should note that no formal finding of this loss of status is required. In order to restore status, students may apply for reinstatement of their student status, but there is no guarantee that such reinstatement will be granted. In the event of denial of the reinstatement request, the student is considered out of status from the time of the denial of the reinstatement request and must immediately leave the United States . Although a student who has lost their student status and been denied their reinstatement request is not automatically barred from applying for and receiving another student visa, such a situation will likely draw much more intense scrutiny from consular officials. Student Departs the United States While Still in Valid Status Students who return home while still in valid student status maintain valid F-1 or M-1 status for up to five months out of the country. When a student has been out of the country for five months or more, their visa is invalid and they are no longer admissible as a continuing student even though their visa remains valid on its face. That means that even if your student visa appears to be valid, if you have been out of the country from five months or more, an immigration officer is authorized to physically cancel your visa. A student who has been out of the United States for more than five months who wishes to resume their studies must obtain a new visa. If you hold a student visa and plan on taking an extended break from studies and have approval from your school to do so, you must have your SEVIS record terminated for Authorized Withdrawal. When you are ready to resume your studies, your school will issue you a new student SEVIS number. In such a case, you must pay the SEVIS I-901 fee. If you are planning to leave the United States for an extended period of time for activities related to your field of study, your school is expected to maintain you in active SEVIS status. In this instance your F-1 is not considered to be invalid after an absence of more than five months. ______________________________________________________________________________ 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]