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What You Need to Know: You are responsible for maintaining valid documents for the duration of your stay in the U.S. as a non-immigrant student. The basic documents listed below are defined for your information. The most important immigration regulations are summarized to assist you. Basic Documents :
YOU CANNOT OBTAIN A NEW VISA IN THE UNITED STATES.
SEVIS: The Student and Exchange Visitor Information System SEVIS is an internet-based system that allows schools and the U.S. Department of Homeland Security to exchange data on the visa status of international students. Accurate and current information is transmitted electronically throughout an F-1 or J-1 student's academic career and J-1 scholar's stay in the United States. U.S. embassies and consulates also will have access to SEVIS.
What data does SEVIS collect?
What does "fail to maintain status" mean? Some examples of failure to maintain status include dropping from full-time to part-time enrollment without prior approval from the DSO, attending a school other than the one a student is authorized to attend, failure to apply for a timely transfer or I-20 extension or change in level of study, unauthorized employment, and failure to report a change of address. What are the consequences if a student fails to maintain status? The student's record will be updated in SEVIS every semester. Students who fail to maintain status lose the privileges of their student visa and become subject to deportation. Specific consequences may include denial of re-entry to the U.S., inability to move from undergraduate to graduate status, denial of requests for Practical Training, denial of requests to change visa status, and possible denial of all future visa applications. Can a student who is "out of status" regain legal status? If a student drops below a full course of study without prior approval from the DSO, that "event" would be reported to DHS, via SEVIS, and he or she would be out of status. The student may apply to DHS for reinstatement if the violation resulted from circumstances beyond his or her control. Reinstatement is intended to be a rare benefit for exceptional cases. The student may not apply for reinstatement under any circumstances if he/she is out of status longer than five months. If DHS does not reinstate the student, he/she may not appeal that decision. How will UW Oshkosh help students comply with the immigration laws? The University is committed to assisting students in ways that prevent status violations from occurring:
What happens if The University of Wisconsin Oshkosh fails to comply with the SEVIS regulations? The DHS will audit the University's compliance with these new requirements every two years. Failure to comply with the federal regulations could result in the loss of the University's ability to accept and admit international students and to invite international scholars. Will SEVIS benefit students in any way? Data moves faster through an electronic system than through a paper system. DHS forms may be produced faster and applications for benefits such as Practical Training may be approved more quickly. Visas may be granted without the usual long delays. However, the additional security and background checks in place at many consulates overseas may delay some visa applications up to 2-3 months. What should students do to prepare for SEVIS? Understand the immigration regulations and learn how to maintain lawful status in the U.S. Refer any questions or problems immediately to ISA. Do not rely on the advice of your well-meaning friends! Be proactive. Students should plan their course schedules carefully so that they maintain full-time enrollment. Make travel arrangements early, and anticipate delays at consulates and border crossings. Keep all documents up-to-date — changes in degree level, extensions, and travel validations must be done in a timely manner and on SEVIS documents. Allow time for processing new forms. Feel free to come to the International Student Advisor for assistance. See below for hours of service. The University of Wisconsin Oshkosh is a better place because you are here, and we are committed to your success! Are there other resources about SEVIS? The DHS has a good web site: http://www.ice.gov/graphics/enforce/imm/imm_sevis.htm U.S. Embassies and other Diplomatic Missions: http://www.usembassy.state.gov/ For more information please contact: The University of Wisconsin Oshkosh Office Hours: Monday-Friday: 8:00-4:30 PM Maintaining Lawful Status: In order to maintain lawful F-1 and J-1 student status, you must:
How Many Hours Must I Take? Earn a minimum of hours each semester (except summer)
You must complete the ‘Authorization for Exception to a Full Course Load’ *form if for any reason you need to drop below the minimum number of registered credits as listed above. The form may also be obtained in the International Student Services Office, Dempsey Hall 146 Audited classes do not count as earned hours.
You may obtain current information regarding part-time work and practical training in International Student Services. Program Extension: An F-1 or J-1 student is admitted to the U.S. for “duration of status,” that is, to complete an educational program or objective. However, if a student must remain in an educational program beyond the date originally estimated for completion of the program (as stated in Item 5 on the initial I-20 form issued to begin the program) the student must comply with BCIS procedures for program extension. Application must be made to the Designated School Officer at least 30 days before the completion date on the I-20 or DS-2019 form.” An F-1 student is eligible for program extension if he or she (1) has continually maintained status and (2) delay in completion is caused by compelling academic or medical reasons, such as changes of major or research topics, unexpected research problems, or documented illnesses. The regulations add that “delays caused by academic probation or suspension are not acceptable reasons for program extension.” A student who fails to complete his or her program within the time prescribed in Item 5 of the I-20 and who cannot meet the eligibility criteria for program extension is considered to be out of status. Any student who needs a program extension must apply to International Student Services at least 30 days prior to the expiration date on his or her I-20. The student will be required to furnish new financial documentation to support the extension of studies. The form may also be obtained in the International Student Services Office, Dempsey Hall 146 Reinstatement to Student Status: An F-1 student who has overstayed his or her authorized period of stay or has otherwise failed to maintain F-1 student status may apply for reinstatement and may be reinstated to lawful F-1 status at the discretion of an USCIS district director. The student makes application on Form I-539 (Application to Extend Status/Change Nonimmigrant Status) with fee, accompanied by an updated or initial Form I-20AB from the school the student is attending or wishes to attend, and the original I-94 (Arrival/Departure Record). NOTE: Reinstatement is solely at the discretion of the USCIS district director, and is usually not approved by the Memphis USCIS District Office. Visits Outside the U.S.: If you plan a trip to any point outside the U.S. and plan to return, you must make sure that all of the necessary documents are in order. You will need:
In many cases, you will need to obtain a visa to enter countries other than the U.S. You should call or write the Embassy of the country you plan to visit at least six weeks prior to the trip. Procedures: F-1/J-1 STUDENT VISA PROCEDURES FOR DEPARTING AND RE-ENTERING THE U.S. Bring your Passport, I-20, and I-94 to International Student Services so that the Director can sign a travel endorsement on page 3 of the I-20. When leaving the country remember to take the following documents with you;
BUT:
Additional information regarding visa application procedures can be accessed at: http://travel.state.gov/visa;foreignstuden.html Embassy/Consulate Links: http://www.embassyworld.com/ Warning to Spouses of Students: Spouses of students, visiting faculty, or scholars are forbidden by USCIS to work in any capacity, or accept payment of any kind, unless they are citizens or permanent residents of the U.S., or have obtained USCIS work authorization. Violators are subject to deportation. Change in Level of Study: If an F-1 student will be moving from one level of study to another at the same institution (i.e., from Bachelors to Masters) a new I-20 form is required. Admission processing, including issuing a new I-20, for graduate students is done by the Graduate School. |
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