Falling Out of Status
How Does It Happen?
- Not enrolled at all
- Enrolled for less than full time
- Unauthorized employment
- Staying after employment ends
- Staying beyond expiration of I-20 while still enrolled
- Staying beyond F or J grace period
- Staying beyond expiration of I-94 card (if not admitted for Duration of Status, aka D/S)
- Not engaging in activity for which admitted
- Not processing transfer on time
- Not processing change of degree level on time
- Other violations
What are the penalties?
- Should leave the U.S. (or apply for reinstatement if available)
- May not be employed (even on campus)
- May not be granted any immigration benefits, such as OPT, extension, transfer, etc.
- May not change status in the U.S.
- May never adjust to permanent residence in the U.S. unless married to a U.S. citizen (some other exceptions may also apply)
Unlawfully Present (3/10 year Bar)
- After 180 days of unlawful presence, the person may not be readmitted to the U.S. for 3 years
- After 365 days of unlawful presence, the person may not be readmitted to the U.S. for 10 years