How likely are you to get a new F1 visa to finish undergrad education?

Question

If a foreign student can't afford his in-state tuition for the semester, I believe he is supposed to leave the country. How likely is this student to get a new F1 visa if the old one expired and there is 1 year left to finish school?

Also, it's legal to stay for the duration of the studies even if your F1 visa is expired, right? e.g. if a student came in with a 2-year visa for a community college and then finished that and the very next semester transferred to a 4-year school to pursue a BA under the same visa.

Is there a limit on how many years a student can stay in the US on an F1 visa? e.g. can one come in on a 2-year community college visa, then go on to a 4-year school, and then to say law school?

Answer 1

It's not illegal per se to stay in the country after your F1 visa expires (i.e., they will not hunt you down and force you to leave), but it may cause problems if you apply for another visa or green card in the future. So unless you are planning on leaving the US after you are done with your studies and never coming back, it's best to renew your visa so you don't go out of status.

If you are in a financial crisis, USCIS may allow you to hold a part time job on an F1 visa. You may want to apply for it.

Answer 2

It is very likelly to get a new F1 visa, if the I-20 is up to date and actually states the date estimated for completion that goes past the date on F1. This happned to me. My estimated date for graduation was in Aug, 07 (stated on I-20) but my visa expired on Feb 07. Before it actually expired I filed for a new F1 visa and got a new one, within 2 days ( I am russian).

Yes it is legal to stay for the durantion even if F1 IS
EXPIRED, but you cant travel outside the US. they wont let you back in if F1 is expired even if all the other papers are good. There are no limits, the most important thing is to have valid and up to date I20. then you can apply for F1 visas.


Comment above mine is not entirelly true. It wont cause any problems if you stay past the expiration of F1 visa so long as I20 is valid and your I94 ( you get at the airport) stated D/S. duration of status.

I had a J1 visa for international exchange students before that expired in Dec 04, I stayed till Sep 05 ( which was the duration of the program), then came back a year later with no problem under a new status of graduate student and now applying for green card through marriage. So long as I20 valid, there are no reprecausions for expired visas. In fact, colleges do not suggest leaving and getting new F1 visas because a lot of times they wont issue you a new one. Visas are only needed if you want to travel outside. To stay inside you dont need a visa as much as I20

Answer 3

Well, if you can't afford the tuition, you won't be enrolled in class, and if you're not in class, you're not supposed to be in the US as a student, more or less. So, yes, under those circumstances you are supposed to leave. Your ability to get a new visa will depend partially on whether you did the things you're supposed to do when you're a student in the US, like did you stay or did you go when you dropped out for financial reasons? You'll need to explain what happened and why you want to go back. and, of course, you'll need to show that you can in fact now afford to go to school. Plus, you'll need to get this all straight with your school, so they'll accept you to come back and finish your program.

It is indeed possible to remain in the US from undergrad to the end of your PhD program in F1 status and you wouldn't be the first. However, you will need new visas to travel in and out of the US while you're doing this. Actually, if you were in status as a student throughout this period, you'd only need one visa as long as you didn't want to go home to see the family or celebrate the religious holiday of your choice at home. Once you're in the US, you're in the hands of DHS, and as long as they're happy, you can legally stay.

follow up. yes, normally you get a D/S or duration of status notation in your passport at the airport. But, to remain in status, you have to be enrolled in class and taking a full load. If you're not enrolled in class, the school is supposed to inform DHS and you are subject to removal. And, if that happens, your world becomes a very complicated place.