Immigration

It is the Office of International Education’s responsibility to provide information on laws and regulations, to provide information on UW Oshkosh processes that help students remain “in lawful status”, and to advise students on these processes.

Advising takes place

• Through written information on the Office of International Education web site;
• Through written materials emailed to students prior to arrival in the U.S.;
• Through an extensive, mandatory International Student Orientation prior to each semester;
• Through periodic email announcements; and
• Through individual advising, following a student’s attendance at orientation and after a student’s thorough review of written information.

A student who is “in Lawful Status” is following all laws related to being in the U.S. on a student visa.

General Guidelines

To stay “in lawful status”, students with an F-1 student visa must:

• Be enrolled in a minimum of 12 credits each semester;
• Attend the school that issued the I-20 you used to apply for your visa;
• Meet all deadlines, including application deadlines and deadlines to depart the U.S.;
• Work only when authorized;
• Limit on-campus employment to twenty (20) hours per week when school is in session;
• Report any change of address within 10 days.

Consequences of Being “Out of Status”

Students who do not maintain lawful status are said to be “out of status”. Consequences include:

• being required to leave the U.S. “Out of Status” students who fail to leave the U.S. may be deported;
• Potential denial of re-entry to the U.S.;
• Potential inability to move from undergraduate to graduate status;
• Potential denial of requests for practical training;
• Potential denial of requests to change visa status;
• Potential denial of all future visa applications.

The Office of International Education is required by federal law to report status in SEVIS.

Your SEVIS record includes information such as:

• Biographical details, including your name, date of birth, gender, country of birth and current citizenship;
• The first date on which you are expected to arrive at UW Oshkosh;
• The first date of each semester that you will attend UW Oshkosh;
• Your current address in your home country and in the U.S.;
• The final date on which you attend classes at UW Oshkosh
• in relation to your graduation or transfer out of UW Oshkosh, this is EITHER the final date of the 14-week semester or, if you take an interim class, the final date of the 17-week semester
• in relation to a withdrawal or other early departure, this is the actual date on which you attended your last class
• Authorized enrollment at fewer than 12 credit;
• Data which indicates that you are not "in lawful status" (you are not following U.S. visa laws), for example:
• Unauthorized enrollment at fewer than 12 credits;
• Academic or disciplinary actions taken due to criminal conviction;
• Other data generated by standard procedures such as program extensions, changes in level of study, and employment authorizations (CPT/OPT).

You must submit your new address to the OIE within 10 days of moving. You must ALSO change your address in TitanWeb.

If you change your address in TitanWeb only, the Office of International Education will NOT be notified and your SEVIS record will NOT be updated.

Use the Office of International Education "Change of Address" form to report your new address.

Update your address in TitanWeb. (Do not complete the form linked here; instead, view instructions at the BOTTOM of the linked page.)

When you enter and exit the U.S., border officials now record your entry and exit into an electronic system (formerly this was done on a paper form). This record is called Form I-94.

• If you arrived in the U.S. BEFORE May 25, 2013 you received a PAPER form I-94. You should keep this in your passport; replacing this form can cost a lot of money!
• If you arrived in the U.S. AFTER May 25, 2013, you received an "admission stamp" in your passport and an electronic form I-94. You can log in to an on-line system to see your Form I-94.

Form I-94 tells you how long you may stay in the U.S. You are required to leave the U.S. on or before the date that is either recorded on your I-94 or stamped in your passport. If these dates are not the same, you must notify the Office of International Education immediately.

It is your responsibility to review the form I-94 immediately after each entry into the U.S. to confirm accuracy.

Each time that you enter and exit the U.S., you generate a new form I-94. The most recent I-94 is also the only valid/unexpired I-94 that pertains to you.

Duration of Status
Your I-94 and/or passport should have a stamp that says "D/S" rather than a specific date. "D/S" means "Duration of Status". "Duration of Status" means that you may remain in the U.S. for as long as you are in "Lawful Status" (as long as you are meeting all of the conditions of your student visa).

Print or Find Your I-94 Number
Follow these instructions to print your I-94 card.

Visa Expiration Date
DO NOT use the U.S. Visa expiration date to determine your permitted length of stay in the U.S. Your visa gives you permission to apply to enter the U.S. at the U.S. border. If your visa expires, you may legally remain in the U.S. but, if you depart the U.S., you must apply for a new visa to re-enter the U.S.

Scholars who have a J-1 visa may request a DS-2019 to bring a spouse and/or children under 21 years old to the U.S. to live with them. Use the "Request for a Dependent I-20" form. The form will require that you attach each of the documents listed below. You must complete one form for each individual dependent; you may not include all dependents on one form.

• a copy of the dependent's passport;
• a copy of your marriage certificate (if requesting a DS-2019 for a spouse);
• a copy of the birth certificate (if requesting a DS-2019 for a dependent under the age of 21).

After submitting your request, you will receive a "Declaration of Finances" form from the OIE. This form will show the total funding you are required to have available to support both yourself and your dependent/s.

You must submit the new "Declaration of Finances" form and new financial documentation to the Office of International Education to complete your application for dependent DS-2019's.

The financial documentation must show at least the minimum required funding as listed on your new "Declaration of Finances" form. Your documentation may include a recent bank statement, sponsor letter, and/or other financial guarantee.

Students with an F-1 student visa must have proper documentation with them when they travel. Travel outside the U.S. may be for five months or less.

Review this website BEFORE you purchase tickets to travel.

• U.S. Immigration & Customs Enforcement "Reentry for F-1 Nonimmigrants Traveling Outside the U.S." and "Arrival Procedures for Students or Exchange Visitors" then (click on: “Steps 4-6: Arriving”).

You are REQUIRED to carry the following documents when you travel:

• Form I-20, SIGNED ON PAGE 3 WITHIN 12 MONTHS OF YOUR DATE OF RETURN TO THE U.S.(within 90 days if traveling to Mexico or Canada or within 180 days if traveling while approved for Optional Practical Training);
• Unexpired, original passport (generally must be valid at least six months past your planned date of return to the U.S.);
• Unexpired U.S. visa, valid past the planned date of return to the U.S. AND with remaining allowable “entries”. In some cases, a U.S. visa may be issued for two, three, or multiple “entries” into the U.S. Once you have entered the U.S. the total number of times equal to your “entries”, you may no longer use that visa even if it is not expired. There are a few exceptions to the visa policy;
• Financial information showing proof of necessary funds to cover tuition and living expenses.

• Your paper Form I-94 (only if your last entry into the U.S. was before May 2013).

You are RECOMMENDED to carry the following documents when you travel:

• A copy of your electronic Form I-94 (if your last entry into the U.S. was after May 2013);
• Print your Form I-94 from the internet and carry this with you. If border officials cannot find you in their system when you exit the U.S., present your printed Form I-94.
• An unofficial copy of your UW Oshkosh transcripts showing enrollment in the semester after your return to the U.S. (or showing enrollment during the current semester if traveling during a mid-semester break);
• For students who must apply for a new visa before returning to the U.S., carry financial documentation confirming your means of support;

Getting Your Form I-20 Signed for Travel

• If your I-20 has not been signed within the 12 month period prior to your RETURN to the U.S., drop off BOTH your I-20 AND a copy from TitanWeb of your course enrollment for the semester after travel in the Office of International Education.
• An Office of International Education staff member will sign your I-20.
• Return to the Office of International Education to pick up your I-20.
• NOTE: you do not need an appointment to have your I-20 signed; your I-20 will be ready for pick-up within a day or two, provided OIE staff are in the office and available. Plan ahead for travel and give staff at least one week to sign!

In addition to the final date on which you may stay in your on- or off-campus housing, you must also plan for your departure from the U.S.

J-1 visa holders whose program has ended may remain in the U.S. for a maximum of 60 days following the final date listed on the DS-2019. The final date listed will be one of the following:

• the final day of the 14-week semester; OR
• the final day of the 17-week semester (only allowable if you are enrolled in a course during interim); OR
• the final day of the summer session (only allowable if you are enrolled in a course during the summer session).

The default end date given to students at the beginning of their stay at UW Oshkosh is normally equal to the date at the end of a 17-week semester (including interim). The OIE is required to change the end date on your DS-2019 in the following circumstances:

• When a student is not enrolled in an interim course during the final semester at UW Oshkosh, OIE must change the end date on the DS-2019 so that it is the same as the last day of classes in the 14-week semester.
• When a student will depart UW Oshkosh after a different term than originally indicated on the DS-2019, the OIE must change the end date on the DS-2019.

“Out of status” means that a J- visa holder has failed to follow one or more of the federal regulations that pertain to their visa.

Generally, a J- visa holder who is “out of status” must exit the country immediately.  You may then apply for a new visa using an updated, valid DS-2019.

A J- visa holder who is “out of status” may apply to the Department of Homeland Security (DHS) for “reinstatement”. If circumstances beyond the visa holder's control caused the visa holder to be “out of status”, DHS may consider these circumstances and may allow the visa holder to remain in the U.S. A  visa holder who receives approval to remain in the U.S. is then considered to once again be “maintaining lawful status”.

If the violation that caused the  visa holder to be "out of status" occurred 5 or more months prior to application for reinstatement, or if the  visa holder has worked without authorization, the DHS will not consider the request and the request will be declined.