Maintaining F-1 Status

• Status Maintenance Checklist

  
  How To Maintain Your F-1 Status

  While in F-1 status, students are required to follow specific rules and regulations in order to maintain their F-1 status. Failure to properly maintain F-1 status can result in the student's removal from the United States, inability to later seek an adjustment from F-1 status, and inadmissibility to the United States.

  • You must officially report your arrival to Stony Brook through the Immigration Intake form in accessVIS as soon as you arrive.
  • For the first entry for initial school attendance, the school listed on the visa and on the I-20 must both say Stony Brook University.
  • Students must pursue a full course of study during every academic semester unless approved under a specific exception, in advance.
  • Students must make normal progress by completing studies before the expiration of the program completion date on Form I-20.
  • Students must keep Form I-20 valid by following proper procedures for extension of stay, change in level, or transfer of schools.
  • Abide by the F-1 grace period rules.
  • Report a change of address to the DSO within 10 days of the change so that SEVIS can be updated.
  • Abide by rules requiring disclosure of information and prohibition on criminal activity, as well as any special requirements.
  • Students must not work off-campus, unless specifically authorized.
  • Abide by the unemployment rules while on post-completion OPT.
  • A student should also keep their passport valid.
• Enrollment Requirements

  
  Enrollment Requirements

  Federal regulations require that students in F-1 and J-1 status be registered for a full-time course load each fall and spring semester until graduation. Failure to be registered as a full-time student is a violation of your nonimmigrant status, will result in the loss of F-1 or J-1 benefits (including employment eligibility both on and off campus) and may subject you to federal immigration sanctions.

  The following table shows full-time course loads according to academic level:

  Academic Level	Minimum Total Credits	Minimum In-Person/Hybrid* Credits	Maximum Online/Remote Credits
  F-1 Undergraduates	12 credits per semester	9 credits per semester	3 credits per semester
  F-1 Master's/PhD	9 credits per semester	6 credits per semester	3 credits per semester
  J-1 Exchange Students	12 credits per semester	9 credits per semester	3 credits per semester

  * Hybrid courses (those delivered online that require physical attendance for classes, examination or other purposes integral to completion) are considered in-person or FTF for F-1/J-1 enrollment purposes.

  Online/Distance Learning Rules

  F-1 international students may count one online course or up to 3 credits towards their full-time enrollment each semester. However, these restrictions specifically apply to the number of credit hours required to fulfill the student's full course of study requirements (see above). As long as students meet these requirements, they have the flexibility to enroll in additional online or distance-learning courses, as desired.

  Special Circumstances:

  • During your final semester, you must enroll in at least one in-person/hybrid course in order to maintain your status. Even if authorized for a Reduced Course Load for Final Semester of Study, you must still include a course with a physical presence requirement.
  • Enrollment is typically not required during the summer or winter semesters; however, if you will be graduating during the summer or winter term, you must take at least one in-person course during that term.

  Summer/Winter Enrollment

  Summer enrollment is generally not required for continuing students (that is, students who enrolled full-time for the spring semester and intend to enroll full-time for the fall semester). However, there are two important exceptions which require summer enrollment.

  1. Summer Program Start Date: If you begin your academic program at SBU during the summer semester, it is mandatory to enroll as a full-time student during that specific semester. Additionally, you are required to comply with the restrictions regarding the maximum number of fully online classes allowed. This requirement applies not only to new students but also to those who are returning from a break in their studies and intend to resume classes during the summer semester.

  2. Summer Program End Date: If you will complete all degree requirements and graduate at the end of a winter session or summer session, those terms are considered a regular semester for DHS reporting and registration requirements. To maintain F-1 status and stay in the U.S. (including eligibility to apply for post-completion OPT) you must follow the same registration requirements you normally would during the fall and spring semesters. This includes full-time enrollment and a limitation on the number of fully online classes.

     If you need less than a full course load to complete your degree program, then an approved Reduced Course Load for Final Semester of Study is required to maintain status. If approved for a RCL for the summer/winter semester, you must enroll in at least 1 credit.

     Students considering completion of final work while abroad or through another institution must discuss this matter with VIS as your F-1 status and eligiblty for benefits will be impacted.

  If a student who is not required to register full-time during the summer term chooses to register, then there is no maximum or minimum number of credits required as it is not a required term. The student can choose to enroll in as many or as few credits of online or in-person instruction as they wish.

  
  

  Exceptions to full-time study

  Immigration regulations require that F-1 students maintain a full course of study each semester. If you cannot enroll full-time, or need less than a full-time course load to graduate, you may be eligible for a Reduced Course Load.

  Learn more about the types of Reduced Course Loads availablehere.

  Problematic grades

  Earning a “NR”, “NF”, or “NU” which stand for no record of attendance, or “W” which indicates withdrawal from a course, does not count toward full-time enrollment. Earning any of these grades may jeopardize your F-1 status and could result in the termination of your SEVIS record.

  Online programs

  Degree programs that are fully online or that only offer online courses in the first semester are not eligible for I-20 issuance. International students in F-1 or J-1 status are not eligible to enroll in these programs. If you are an international student in a different status in the U.S., or if you plan to engage in an online program from outside the U.S., you should contact the appropriate admissions office for any questions about your eligibility to enroll.

   

• Immigration Documents

  
  Understanding Your Immigration Documents

  It is very important that you keep all of your immigration documents in a safe place. Stony Brook University is required by the Department of Homeland Security (DHS) to keep a copy of these documents in your electronic student file. Be sure to provide Visa & Immigration Services with a copy of any renewed or updated immigration documents by submitting the Immigration Document Update eform in accessVIS.

  Passport

  • Identification document issued by one’s country of citizenship that certifies an individual’s legal identity and nationality.
  • Your passport must be valid at all times. Passports should be valid for at least six months into the future when entering and re-entering the U.S. and also when applying for a visa (unless exempt by country-specific agreements).
  • May be renewed at your country’s embassy/consulate in the U.S. To renew from within the United States, contact your local embassy. If you need a letter confirming that you are enrolled at Stony Brook University, you can request an enrollment verification from the Office of the Registrar.
  • Report a lost or stolen passport to the police because your government may require a police report before issuing a new passport. To replace a lost or stolen passport, contact your country’s consulate in the U.S.
  • If you receive an updated or new passport while here as an F-1 student, please submit a copy to VIS by submitting the Immigration Document Update form in accessVIS.

  Form I-20

  Legal document issued by a U.S. school through the Department of Homeland Security (DHS) SEVIS database. The I-20 confirms acceptance to an institution for a full course of study and proof of sufficient funds for the program.

  • Used to apply for an F-1 student visa at a U.S. consulate/embassy abroad. Prospective students need information from their I-20 to pay the required SEVIS (I-901) Fee
  • Must be presented at the U.S. port of entry each time one seeks to enter the U.S in F-1 status.
  • It is valid only for the period of time specified on the form (refer to program start and end date) and only for the academic program at the school indicated on the I-20. Your program end date is estimated and must be updated if you complete the program earlier or require an I-20 extension.
  • All changes in information on the I-20 must be reported to VIS within 10 days of the change.
  • You are required to keep every I-20 issued to you. Do not discard old ones.

  F-1 visa

  The visa is a stamp that the U.S. consular officer placed on a page in your passport. The visa permits you to apply for admission to the U.S. as an F-1 student, and does not need to remain valid while you are in the U.S. (Canadian citizens do not have visa stamps.)

  • May expire while you are in the U.S. as long as all other immigration documents are valid
  • Can only be renewed at a U.S. embassy/consulate outside the U.S.
  • Must have a valid visa to enter the U.S. (exception: Automatic Revalidation)
  • Visa validity does not necessarily reflect the duration of one’s status in the U.S.

  I-94 Record

  U.S. Customs and Border Protection (CBP) officers create an I-94 Arrival/Departure Record to document the admission of international visitors at the U.S port of entry, or in some instances a Pre-Clearance location abroad.

  The arrival record indicates a visitor’s basic demographic information; entry port and date; class of admission (e.g., F1), and Admit Until Date (D/S: Duration of Status for F-1 students).

  You should download, save, and print a copy of your I-94 from the CBP website. Whenever you enter the US, you should save a copy of your I-94 for your records and review your I-94 every time you re-enter the U.S. to confirm that your entry was recorded properly. Sometimes Customs and Border Protection makes mistakes that require correction.

  If your I-94 information is incorrect, scan your I-20, Passport, Visa, I-94 and Admission Stamp (if available) to your International Student Advisor for assistance.  Include a short description of the error in your email (name misspelling, incorrect date of birth, etc.).

   

• Update Your Address

  
  Updating Your Address

  USCIS requires all F-1 students to report any changes to their local (U.S.) or foreign address within 10 days of moving. If you fail to update your address, you are at risk of losing your lawful status in the U.S.

  The H-1B visa category is for international employees being hired with a professional degree in specialty occupations that require the theoretical or practical application of a body of highly specialized knowledge.

  Foreign home address update

  Students must report any changes to their foreign home address to VIS by submitting the "Foreign Address Update" eForm inaccessVIS. Once submitted, VIS will report your new address to SEVIS.

  On-campus address update

  Students who live on-campus should follow up with Campus Residences in regard to updating their dormitory address in SOLAR so the accurate information can be reported to SEVIS.

  Local, off-campus address update

  All changes to your U.S. local (off-campus) address must be done in SOLAR.

  1. Login to SOLAR with your Stony Brook University ID number and password.
  2. Go to Security and Personal Data and then click Addresses.
  3. Select Add A New Address to add your local (off-campus) address. Even if your address is listed as "Home" or "Mailing", you must still add it as your "Local" address.
  4. Verify your address information, and select "Local" under Address Type.
  5. Click Save, then OK. Your local address should now appear.
  6. VIS will update SEVIS with this new address.

  Correct address formatting

  Sample Address: 123 South Main Street, Apartment 101, Grandview Apartments, Stony Brook, New York, 11790

  	PREFERRED FORMAT
  Street Address 1	123 S MAIN ST APT 101
  Street Address 2
  City	STONY BROOK
  State	NY
  Postal Code	11790

   

• Loss of Status/Reinstatement

  
  Loss of Status/Reinstatement

  If you failed to maintain your F-1 status and your SEVIS record is terminated, you will be considered out-of-status. Consequently, you would no longer be eligible for on-campus employment, practical training, travel signatures for re-entry to the U.S., or any other benefits of F-1 status. It is important to act quickly to resolve your F-1 violation of status to avoid potential immigration complications, such as difficulties in obtaining another visa or permanent residency.

  To correct your status, you have two options: (1) Reinstatement or (2) Travel and Re-entry. These options should be discussed with your International Student Advisor in detail.

  Option 1: Reinstatement

  Reinstatement is a process through which a student submits an application to USCIS to request that their F-1 status be reinstated. The USCIS will evaluate F-1 reinstatement applicants on the following criteria:

  • The applicant has not been out-of-status for more than 5 months at the time of filing the request for reinstatement, or can demonstrate that the failure to file within the 5-month period was the result of exceptional circumstances and that the student filed for reinstatement as soon as possible under these circumstances
  • The violation of status was due to circumstances beyond the student's control. Some examples of "circumstances beyond the student's control" might include serious injury or illness, closure of the institution, a natural disaster or inadvertence
  • The applicant must not have a record of repeated or willful violations of USCIS regulations
  • The applicant is currently pursuing a full-time course of study
  • The applicant must not have engaged in unauthorized employment prior to filing for the reinstatement

  If you are considering reinstatement and believe you meet the above criteria, keep the following in mind:

  • To request reinstatement you must obtain an I-20 from VIS specifically for the resinstatement application (speak with your VIS Advisor for further procedural information).
  • Reinstatement applications may take up to 12 months or longer for USCIS to process
  • You must be engaged in a full course of study while the reinstatement is pending
  • You cannot travel outside the U.S. while the reinstatement is pending.
  • The reinstatement is program specific, so if your program completes (i.e. you meet all graduation requirements) you will need to consult an immigration attorney about leaving the U.S. before the reinstatement is adjudicated and what happens next.
  • Students with a pending reinstatement application are not eligible for F-1 benefits.

  Option 2: Travel and Reentry

  The second option for regaining F-1 status is through travel and re-entry. Under this process, the student requests a new I-20 with a new SEVIS number from VIS and then pays a new SEVIS I-901 fee. The student then must depart the U.S. and re-enter using a valid F-1 visa. The student should check with the respective embassy/consulate that issued the visa to determine whether or not a current visa will still be valid for re-entry, or if the student must re-apply for a new F-1 visa before re-entering.

  If you are considering travel and re-entry, keep the following in mind:

  • You must request a new I-20 from VIS (speak with your VIS Advisor for further procedural information).
  • This process could potentially be quicker than reinstatement, depending on whether or not you need to apply for a new F-1 visa and your consulate/embassy’s processing times.
  • You will only regain status upon successful re-entry as a F-1 visa holder at the port of entry. Entry into the U.S. is always to the discretion of the U.S. Customs and Border Protection (CBP) officer, and past violations can be considered when the CBP officer is determining whether or not to grant a F-1 student admission into the U.S.
  • If you need to apply for a new F-1 visa as a method of regaining status, VIS recommends you do so in your home country only.
  • If you have less than one academic year remaining after re-entry, your OPT/CPT eligibility may be jeopardized.
  • If you're unable to demonstrate non-immigrant intent during your visa appointment or if you have previous violations on your record, you should consult an attorney before choosing this option.

  Option 3: Remaining Out of Status

  Choosing to remain in the U.S. out of status is a high-risk decision that VIS does not recommend. If you remain in the U.S. after your I-20 has been terminated or you have violated your status, you are not eligible to receive any benefits of your previous status, such as work authorization (on-campus work, CPT, or OPT).

  Remaining in the U.S. after your SEVIS record has been terminated is a very serious offense of immigration regulations, potentially leading to initiation of removal proceedings and future restrictions on re-entry to the U.S. If you are certain you want to remain inside the U.S. without status, to understand the full consequences, we encourage you to consult with a qualified immigration attorney.