Student Status Expires, What’s Next?

Student Status ChangesWith graduation season quickly approaching, students are looking to the future. For some, finding a job is the biggest battle they are facing. For others, graduation means the termination of lawful student status in the United States. If you are a student looking for legal ways to remain in the United States after graduation or know someone who is, we are here to help.

Student status is granted in accordance with 8 USC §1101(a)(15)(F) which gives permission for a resident of another country to seek admittance to the United States for the purpose of studying in a program that has been accredited by the Attorney General. Upon the period of study terminating, the program of study is required to report to the Attorney General the student’s completion of study or the student’s nonattendance.

8 CFR §214.2(f)(5)(iv) gives a student on F-1 Student status a 60 day grace period upon the completion of a program of study to make departure plans, adjust status, or transfer to another school. If a student overstays the 60 day grace period he or she is no longer eligible to adjust status or extend stay. DOS, 98-State-051296. This violation could result in future bars to immigrating or visiting the United States.

There are a number of possibilities post graduation, including extending an F-1 visa for a year beyond the termination of student status, continuing your education in a specialized field, seeking an employer sponsored visa, or starting your own business whether small or large.

Our legal team is here to meet with you and explain your options to help you select the path that is best for your individual situation. Like every immigration petition, changing status takes time. If you think you would like to look into a change in status it is best to do so soon.  If you have questions about this or any other Immigration Law concerns, please contact Christie Back at 937-223-1130 or cback@pselaw.com.

 

AUTHOR: Christie Back
cback@pselaw.com