Legal Perspectives of Global Nurse Migration (PowerPoint)

What happens to your student visa when you take a break from your studies in the US?

The State Department has issued a memo in December 2005 to clarify rules involving the automatic invalidation of lawful student status after a break in full-time studies of five months or more.

According to the memo, the automatic invalidation of student status occurs in two general circumstances: first, where a student is not studying but remains in the US, and second, when a student leaves the US during the validity of his/her student status.

F-1 or M-1 Holder in the US

A person who enters the US in F-1 or M-1 status should be able to resume his/her studies within five months from the time of transfer from the previous school or from program completion, whichever is applicable. If the student does not resume his/her studies within the required period, s/he will automatically be considered out of lawful student status.

A student who falls out of status may apply for reinstatement with the US Citizenship and Immigration Service (USCIS). S/he may study while the application is pending but the decision of the USCIS can go either way, depending on the circumstances.

If the USCIS allows reinstatement of student status, the F-1 and M-1 visa remains valid. If the F-1 or M-1 visa, however, is expired, the student status cannot be reinstated.

In case of denial of the application, the student will be deemed to have lost his/her F-1 or M-1 status and the visa would no longer be valid. S/he must immediately leave the US because s/he is out of status from the time the application for reinstatement is denied.

A student who is denied reinstatement may still apply for and obtain another student visa. The chances of approval still depend on the specifics of each case and the consular officers will review such circumstances as why the break in studies occurred, or if there is any status violation.

F-1 or M-1 Holder Overseas

The F-1 or M-1 visa of a student who has been outside the US for five months or more will be automatically invalidated.

If an F-1 holder returns after an absence of five months or less, he may be allowed to re-enter upon presenting a valid I-20. If the absence has exceeded five months, the F-1 or M-1 holder may no longer re-enter as a continuing student.

The immigration officer must “physically cancel” a nonimmigrant visa of such student because he is already considered “inadmissible.” Thus, the absentee F-1 or M-1 visa holder should not use his/her visa even if it appears to be valid because it would be subject to cancellation.

To be able to re-enter and continue studies, the F-1 or M-1 holder must apply for a new visa. S/he must obtain a new I-20 from the school or verify that his/her I-20 is still valid and the SEVIS record is still active.

The SEVIS is an internet-based system that maintains current and accurate information about F, M and J visa holders and their respective dependents.

In a case where the school permitted the extended study break, the student must secure an Authorized Withdrawal and have the SEVIS record terminated. The student would then be issued a new I-20 with a new SEVIS number by the school, when s/he is going to continue his/her studies.

If the extended absence is related to the student’s program or course of study, the schools should keep such students’ SEVIS records in active status. In such case, their F-1 visa is not invalidated despite their absence of more than five months.