Nonimmigrant Visas

Validity of Student Visas After a Break in Studies

There are two circumstances in which a student's visa is automatically invalidated after a break in studies longer than five months.

1) Students who are not studying but remain in the United States: An individual admitted in F-1 or M-1 status to study in the United States who is transferring between schools or programs is no longer regarded to be in student status if classes are not resumed within five months of the date of transferring out of the previous school or within five months of the date of the program completion, whichever is applicable. In order for such a student to restore lawful status, he or she must apply for reinstatement of student status with the Bureau of Citizenship and Immigration Services (USCIS). USCIS has the option to approve or deny reinstatement of student status. A student may pursue studies while reinstatement is pending.

2) Students who depart the United States while in valid student status: When a student has been out of the United States for more than five months, the student's F-1 or M-1 visa would be considered to be invalid based on U.S. immigration law. After an absence of more than five months, an alien is no longer admissible at a U.S. port-of-entry as a continuing student. Such a student's visa is subject to cancellation and should not be used. In such cases, a student who wishes to resume study in the United States must obtain a new student visa.

Students who have the approval of their schools to take an extended break from study must have their SEVIS record terminated for Authorized Withdrawal. When the student is ready to resume study, the school will issue the student a new initial Form I-20 with a new SEVIS number. These students must also pay the SEVIS fee.

Some students depart the United States for extended periods of time for activities related to their course of study, such as field research. Schools are expected to maintain those students in an active SEVIS status. Since these students continue to maintain their student status while overseas, their F-1 visas are not considered to be invalid after an absence of more than five months.

 

Additional Information

• Studying in the United States (F/J/M)

 

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Last modified: February 3, 2006