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Results 1 to 5 of 5

Thread: SEVIS termination date.

  1. #1
    I would really appreciate your help with my concern.

    I came to the US on August 2008 as a student with an F-1 visa. On my I-20 it says that the studies should be completed by December 2009, however I just came for one semester since I was just taking English classes, so I finished my classes at the beggining of December 2008. As far as I know the law says that I must leave the country within 60 days of completing my program of study, therefore since the lease of my apartment finished on February I decided that I would leave at the end of January before the 60 days had passed. My student visa expires in 2010 and the I-94 stappled to my passport says D/S.

    Last week I got an email from my school Immigration Official saying that since I wasn't enrolled to take classes this semester (Spring 2009) they would be terminating my SEVIS record the next day and that once this happened I was going to be out of F-1 status. I have my plane ticket for the middle of next week so I'm leaving about 50 days after the last day of classes.

    Considering all of that I would like to know:

    1. Since my SEVIS record was terminated about a week ago, am I staying illegally in the US even though I was told I had 60 days to leave after last day of classes?
    2. Next time I reenter the US, will I have any problem because of an overstay? Could I be denied the entrance or could my visa be cancelled?
    3. Since I leave near the border, do I have to wait an specific period of time before I am able to reenter the US using my tourist visa?
    4. I read something about being banned for 3 years after 180 days of unlawful presence... this just made me more confussed regarding the periods of time students are allowed to stay once they're not taking classes anymore. Is it up to 60 days with no penalty or up to 180 days?

    I'm sorry for the long message but I wanted to be as detailed as possible explaining my situation. I will be very thankful for all of your help regarding this since I'm really worried about any future problems I could have and I will appreciate your quick response since this is kind of urgent because I'm about to leave in a few days. Thank you.

  2. #2
    I would really appreciate your help with my concern.

    I came to the US on August 2008 as a student with an F-1 visa. On my I-20 it says that the studies should be completed by December 2009, however I just came for one semester since I was just taking English classes, so I finished my classes at the beggining of December 2008. As far as I know the law says that I must leave the country within 60 days of completing my program of study, therefore since the lease of my apartment finished on February I decided that I would leave at the end of January before the 60 days had passed. My student visa expires in 2010 and the I-94 stappled to my passport says D/S.

    Last week I got an email from my school Immigration Official saying that since I wasn't enrolled to take classes this semester (Spring 2009) they would be terminating my SEVIS record the next day and that once this happened I was going to be out of F-1 status. I have my plane ticket for the middle of next week so I'm leaving about 50 days after the last day of classes.

    Considering all of that I would like to know:

    1. Since my SEVIS record was terminated about a week ago, am I staying illegally in the US even though I was told I had 60 days to leave after last day of classes?
    2. Next time I reenter the US, will I have any problem because of an overstay? Could I be denied the entrance or could my visa be cancelled?
    3. Since I leave near the border, do I have to wait an specific period of time before I am able to reenter the US using my tourist visa?
    4. I read something about being banned for 3 years after 180 days of unlawful presence... this just made me more confussed regarding the periods of time students are allowed to stay once they're not taking classes anymore. Is it up to 60 days with no penalty or up to 180 days?

    I'm sorry for the long message but I wanted to be as detailed as possible explaining my situation. I will be very thankful for all of your help regarding this since I'm really worried about any future problems I could have and I will appreciate your quick response since this is kind of urgent because I'm about to leave in a few days. Thank you.

  3. #3
    Hi Sonico and welcome,

    From reading the below, it appears your status should be okay since you are leaving within the 60 day period of your last day of classes. Best of luck to you.

    http://www.umsl.edu/~intelstu/...ion/F-1/F-1_Visa.htm

    F-1 Visa Information
    Maintaining Status

    The F-1 Visa is for non-immigrants to enter the United Sates solely for the purpose of study and after completing studies the individual will return to the foreign country of permanent residence.

    The university, after accepting a student, will send a Form I-20 A-B, which is then used to apply for an F-1 visa from an American consulate abroad. To be admitted to the US, it is necessary to have both the I-20 and F-1 visa passport stamp.

    After being admitted to the US, the student is then eligible to stay in the US for "duration of status" (D/S on form I-94 and I-20 ID). Duration of status (or to be "in status") means the time during which the student is in compliance with F-1 regulations. Upon completion of studies, the student has an additional 60 days to depart the US.

    To be in status F-1 students must:

    Have a valid passport
    Attend the school stated on the I-20
    Enroll in a full course of study (12 credits for undergraduate, 9 credits for graduate) and make reasonable progress towards a degree
    Follow certain procedures for: extension of stay, change of level, and institution transfer
    Limit employment to 20 hours per week while school is in session, 40 hours otherwise
    Refrain from off-campus employment without authorization
    Report address changes within 10 days of the change.
    If any of the changes are not followed and permission for an exception has not been granted, the student will be considered "out of status" and in violation of visa obligations. If you are in violation of status, go to the Reinstatement Section.

    The benefits of being "in status," on-campus employment, program extension, institution transfer, Curricular Practical Training, and Optional Practical Training, are only available to those students who are in status. There are two possibilities for returning to status: application to the USCIS, or to leave the US and reenter with a new I-20. If a students should get out of status, it is very important to meet with and ISSS advisor to remedy the situation as soon as possible.

  4. #4
    You have sixty days from when your studies end to leave. Your status is determined by that, not by termination in SEVIS in this case.

    No problems on next entry if you leave by sixty days.

    No wait period.

    60 days after end of classes.

    If you stay past, then you start accumulating illegal presence.

    Any illegal presence invalidates any visa you hold.

    Other penalties apply as you approach the 180 period.

  5. #5
    Thank you so much for your help ProudUSC and federale86. I really appreciate it. Thanks.

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