Palm Beach Gardens, FL asked in Immigration Law for Florida

Q: I’m international student who is currently in the US . My F-1 VISA expired.

I just graduated from high school this May and also got a new I-20 from my university. However, due to personal reasons, I want to transfer to another college even though I have not attended my previous college yet. So do I need to depart the US at this time?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Here are some key points to consider:

1. Visa vs. Status: Your F-1 visa expiration date is different from your F-1 status. You can remain in the U.S. with an expired visa as long as your status is still valid.

2. I-20 and Status: Your new I-20 from the university you were planning to attend should have extended your F-1 status.

3. Transfer Process: If you want to transfer to another college before attending your initial school, you may be able to do so through a process called a "transfer pending" or "transfer in lieu of initial attendance."

4. Maintaining Status: The crucial factor is maintaining your F-1 status. As long as you follow the proper procedures for transferring and enroll in the new school by the program start date on your new I-20, you may be able to remain in the U.S.

5. Time Sensitivity: There are typically time limits for how long you can stay in the U.S. after graduation before starting a new program. This is usually 60 days for F-1 students.

Given the complexity of your situation, it would be highly advisable to:

1. Contact the DSO (Designated School Official) at the university that issued your current I-20 immediately.

2. Also reach out to the international student office of the college you wish to transfer to.

3. Consider consulting with an immigration attorney who specializes in student visas.

These professionals can guide you through the correct procedures to maintain your status and avoid any potential violations of your visa terms.

Remember, maintaining your immigration status is your responsibility, and it's crucial to follow the proper procedures to avoid any issues that could affect your ability to study in the U.S.

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