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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

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