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Rules and Regulations

 

 

Immigration Benefits and Responsibilities
of Students in F-1 and J-1 Status

This information summarizes some of the more important benefits and responsibilities you have as an F-1 or J-1 student in relation to the regulations of the U.S. Citizenship and Immigration Services (USCIS) of the U.S. Department of Homeland Security (DHS).


It identifies some of the situations when you should seek assistance from the International Student and Scholar Services office (ISSS) in relation to your status. However, it does not provide you with information on any of the procedures related to the benefits or responsibilities of F-1 or J-1 status holders. The staff of ISSS will be pleased to offer you additional information, as well as advice and assistance, on all federal regulations and procedures related to your lawful status.


SEVIS
SEVIS, which stands for the Student and Exchange Visitor Information System, is what is commonly referred to in the press as the "foreign student tracking database." Based on legislation from 1996 (IIRAIRA, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), SEVIS is the system that USCIS and the U.S. Department of State (DOS) uses to track international students and scholars in F, J, and M (vocational programs) immigration status and their dependents.


It tracks individuals from the time of the production of the initial visa document (the I-20 for Fs and Ms, the DS-2019 for Js) to the student's program completion, departure from the U.S., or a period of employment or attempted employment after the completion of study. Some examples of what information is reported are enrollment, changes in personal, education, or financial information, employment authorization, and violations of student status.

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Required Immigration Documents

The documents listed in this section must be valid at all times while in the U.S. If they expire or lapse, it could result in a violation of your status and lead to serious immigration sanctions. You should keep these documents in a safe place. You should also make photocopies of all these documents and keep the photocopies in a safe place that is different from the place where you keep the actual documents. ISSS also recommends you to bring copies of any new immigration documents to our office for your student file.


If any of these documents are damaged, lost, or stolen, or if the information provided on the documents changes, it is your responsibility to have them replaced as quickly as possible. You should visit the International Student and Scholar Services office (ISSS) if you have any questions about your documents or if you need to have them replaced.


Additionally, soon after you have arrived to the U.S., you should be sure to register with the consulate or embassy of your home country in the United States so that they have  your contact information in case of an emergency.

It is recommended to have possession of these documents in:

  • Denver Metro Area (copies are acceptable)
  • Outside Denver (originals)
  • At airports and other government buildings (originals)

    Passport. This document must be valid for at least the next 6 months at all times. Contact your embassy or consulate in the U.S. for renewal procedures.
    Certificate of Eligibility for Nonimmigrant Student (F-1) Status (Form I-20) or Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-2019). All information on this document must be true and correct at all times. If any information changes, such as major or program, it is your responsibility to request a new document as quickly as possible. New financial documents must be submitted to obtain a new SEVIS I-20 or DS-2019.
    Arrival/Departure Record (Form I-94). Without your I-94 document, you are ineligible to apply for any of the benefits of the F-1 or J-1 status.

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Visa vs. Immigration Status

A visa is a physical stamp or laminated sticker inside your passport or travel documents. Your immigration status is a complex set of rules that govern the rights and responsibilities of an individual who has been admitted into the United States under a particular category. For example, an F-1 student visa will usually allow an individual to be admitted into the U.S. in F-1 student status.

Once you have been admitted into the U.S., the physical visa is of no intrinsic value until you leave and want to reenter the United States. However, your immigration status remains critically important. For this reason, while your actual visa - the stamp or sticker in your passport - can be expired or lapsed, your immigration status must never lapse.



Length of Time You May Remain in the United States

You may study in your present program until you complete all requirements for it, you terminate your program, or until the expiration of your Form I-20 or DS-2019, whichever occurs first.


If you need more time to complete your studies than that which is indicated on your Form I-20 or DS-2019, it is your responsibility to contact the International Student and Scholar Services Office (ISSS) at least 30 days before the expiration date and request an extension.


If you decide to terminate your program before completion and you obtain prior approval of an advisor at ISSS (or program sponsor for J-1 students) to do so, you are given 15 days to depart from the U.S. You should also be sure to notify your major department if you are a graduate student, or complete the stop-out/withdrawal process with the Center for Academic Advising if you are an undergraduate student. Once you complete your program (or approved period of employment), you are given 60 days (F-1) or 30 days (J-1) to depart from the U.S.

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Change of Address
Students must report any change of address (US and home country addresses) by updating their address in MyWeb within 10 days of the change. (Please refer to our website: http://www.du.edu/intl/isss/address.htm for instructions on how to change your address in MyWeb.) The change will be automatically reported to SEVIS. This reporting is a required part of maintaining F-1 or J-1 status.

When you are on vacation at another address and would like mail to be forwarded there, use “Temporary Address” rather than changing the “Mailing Address” for short-term periods.



Registration, Attendance, and Course Load Requirements
Registration and Attendance.
You must register for classes and attend school until the end of each fall, winter, and spring quarter or semester. You do not have to enroll for interim terms or during the summer unless you have been admitted to begin attendance during one of these terms. Registration for each term MUST be completed with the first four weeks of the term in order to be reported for SEVIS registration.

Course Load.
You must register for a "full course load," as defined by the immigration service, for fall, winter, and spring quarters or semesters. Full course load means 12 credits for undergraduate students, and 8 credits for graduate students.

Reducing your course load is allowed only if you have obtained written approval IN ADVANCE from an advisor in the International Student and Scholar Services Office(ISSS), whether you are dropping a class at the beginning, middle, or end of a term. Reducing your course load may be approved in very limited situations such as:
(1) Initial difficulties with the English language, reading requirements, or unfamiliarity with American teaching methods (available only during the first term of your program in the U.S.), or improper course level placement. (Allowed only one term per degree program.)
(2) Written recommendation from a medical doctor, clinical psychologist, or doctor of osteopathy that you temporarily reduce or interrupt your studies due to compelling illness or other medical condition. (Allowed for only a total of 12 months per degree program.)
(3) Completion of all degree requirements by the end of that school term, as attested in writing by your academic advisor or department chair. (Allowed for only one term per degree program.)

Graduate Students Who Have Completed All Required Course Work.
If a thesis or dissertation is required for your program, and if you have completed all required course work, you may enroll in what is called "Continuous Enrollment," which maintains your full-time status as a registered student while you are completing degree requirements. Through "Continuous Enrollment," you must continue to register each academic year until the end of your program. To register for "Continuous Enrollment," obtain permission from your department and then request "Continuous Enrollment" from the Registrar's Office.

NAV BULLETAcademic Integrity.
As students on the DU campus come from 90 different countries and hence education systems, understanding academic integrity issues as they pertain to higher education in the U.S., and particularly the University of Denver, is very important. All or portions of previously learned conduct and honor codes may not be transferable to the University of Denver.
http://www.du.edu/intl/isss/academic_integrity.html

 

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Holidays and Vacation
You may remain in the U.S. and will be considered to be maintaining status during holidays and vacation periods observed by the University provided (a) you are eligible and intend to register and attend the next school term and (b) you have otherwise maintained lawful F-1 or J-1 status. Summer term is generally considered a vacation period provided above (a) and (b) are true, and you have been a full-time student consecutively during fall, winter and spring quarters or fall and spring semesters.



On-Line/Distance Education Courses
No more than one class, or three credits per quarter, of on-line/distance education classes may be counted toward the full course of study and graduation requirement.



Course Work at or Transfer to a Different School
If you wish to take one or more courses at a different school temporarily (concurrent enrollment), you must receive written authorization from the International Student and Scholar Services Office (ISSS) in advance.

If you wish to cease your studies at the University of Denver and transfer to another institution, you must consult with the DU International Student and Scholar Services Office (ISSS) and follow immigration transfer procedures before you attend a different school. Please notify ISSS immediately of any plans to transfer, so that your SEVIS record may be transferred to the new school in a timely manner. Transfer procedures should generally be started within 30 days of your last day of enrollment at DU. You should also be sure to notify your major department if you are a graduate student, or complete the stop-out/withdrawal process with the Center for Academic Advising if you are an undergraduate student.

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Completion of Study of Your DU Program
Upon completion of your studies, you may be eligible to:

Begin a new program at the University of Denver or at a different school.
Work up to 12 months in "optional practical training" employment (F-1) or up to 18 months in "academic training" employment (J-1).
Take up to 60 days (F-1) or 30 days (J-1) to depart from the U.S.
Change your visa status.

You should consult with the staff of the International Student and Scholar Services Office (ISSS) regarding your plans at least one term before you complete your studies. It is extremely important for you to apply for graduation in time, usually two terms before you intend to graduate. Failure to complete your degree requirements (i.e. receiving an "F"-fail or "I"-incomplete for required classes) may have serious consequences, particularly if you have been authorized for a reduced course load for a final term or have applied for employment authorization after completion of studies.

Graduate Students Who Have Completed All Required Course Work.
If a thesis or dissertation is required for your program, and if you have completed all required course work, the date of completion of study for students is the day your thesis or dissertation is approved, NOT when you actually graduate or attend the graduation ceremony. Please plan ahead, especially if you would like to apply for work authorization.

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Employment (See Employment more)



Travel (See Travel more)


Dependents and Other Family Members

If you are married, have children, or plan to get married during a trip away from the U.S., you may be eligible to have your spouse (husband or wife) and/or any children temporarily visit you, or join you for the duration of your studies. Other members of your family (parents, sibling, etc.) may be able to visit you during your studies too. The International Student and Scholar Services office (ISSS) will be pleased to facilitate, when possible, with visa issuance for your family.
Spouses and children of F-1 and J-1 students can be eligible for I-20s which allow them to obtain F-2 or J-2 visas respectively and travel independently using their own documents.


Dependents of F-1 students on F-2 visa status are not eligible to work, nor eligible for study in a degree program at the post-secondary level, but are allowed to study part-time in an avocational or recreational course, or full-time in a K-12 program as children.


Change of Status from F or J
If you or your dependents change status from F or J to another visa category, please notify ISSS as soon as the new status is approved by USCIS. Submit a copy of the proof of your new status along with your student ID number and name, so that ISSS can change your status in the university system as well as in SEVIS. If you leave the U.S. after a change of status, you will need a new visa in order to re-enter the U.S. in the new status.


Failure to Comply with Responsibilities
The immigration laws of the U.S. provide for severe penalties if you fail to comply with your immigration responsibilities. You should work closely with the staff in the International Student and Scholar Services office (ISSS) to make certain that you comply with all F-1 or J-1 regulations, and contact an ISSS advisor immediately if you think you might have violated your status. ISSS cannot “fix” any immigration problems for you, and can only help you to work with the immigration service.


If you fail to do so, you can be deported from the U.S. and barred from returning for an extended period of time, thereby jeopardizing your academic career. Convictions for shoplifting, domestic violence, DUI (driving under the influence), and possession of illegal substances (drugs) can also lead to deportation and inadmissibility.
If you are out of status for more than 5 months, you will most likely need to leave the U.S. and re-enter to regain proper status.

University of Denver and ISSS advisors as individuals carry LIABILITY under penalty of perjury if we misrepresent student status or do not report student information to the immigration service in a timely manner.


Further Information

Additional information is available from the International Student and Scholar Services Office (ISSS) at 2200 S Josephine St, or by calling (303) 871-4912. ISSS sends a weekly newsletter called "The Globe" to all current DU students at their DU e-mail address. It is very important that you read the newsletter and stay informed of any changes to immigration regulations.
If you are not checking your DU e-mail regularly, you need to forward your messages to another e-mail address which you do regularly read. Staff members of ISSS are always pleased to provide you with information, advice, and assistance so that you may achieve your educational goals while at the University of Denver.

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Office of Internationalization © 2007
2200 S. Josephine Street, Denver, Colorado 80208 USA (303) 871-4912, Email: isss@du.edu
Last Updated October 17, 2007