Accruing Unlawful Presence

International students should be aware that it is essential to comply with the visa regulations in order to maintain their visa. You could lose your legal status if you violate the F-1 visa regulations.

The consequences of this could include, but are not limited to:

An individual who fails to maintain legal status will begin unlawful presence based on the earliest of the following:

  • The day after DHS denies the individual's request for an immigration benefit (for example, reinstatement), if DHS makes a formal finding that the student/scholar violated their nonimmigrant status while adjudicating a request for another immigration benefit.
  • The day after an immigration judge orders that the student should be excluded, deported, or removed (regardless of whether the decision is being appealed).