Law & Legal & Attorney Immigration Law

What Does Out of Status Mean in Immigration?

    Transferring From the School Specified on Your Visa

    • One scenario that will result in your falling out of status is not attending the school you are authorized to attend if you are in the U.S. on a student visa.

    Engaging in Unauthorized Employment

    • If you are in the U.S. on an F-1 or J-1 visa, or another other form of student visa, you cannot work off campus without prior authorization. Doing so will result in you violating your status.

    Overstaying Beyond the Date Specified on Your I-94

    • Staying in the United States for longer than the date specified on your specific I-94 will also cause you to fall out of status. As a result, the visa used to enter the U.S. is automatically invalidated, even if it is unexpired.

    Unlawfully Present

    • If an individual stays in the U.S. longer than the date specified on his I-94 card, he is considered unlawfully present. After six months of unlawful presence, the individual cannot re-enter the country for three years.

    Staying Beyond the Grace Period Specified on Your Visa

    • If the individual is in the United States on a student or employment visa, he cannot stay beyond the grace period specified. Doing so will cause him to fall out of status.

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