Student Visa Validity Following a Break in Studies

immigration lawyers

Students who are away from classes for more than five months can expect to apply for and receive a new F-1 or M-1 student visa to return to school following travel abroad, as explained below.

Students within the U.S.

A student (F-1 or M-1) may lose that status if they do not resume studies within five months of the date of transferring schools or programs, under immigration law. If a student loses status, unless USCIS reinstates the student’s status, the student’s F or M visa would also be invalid for future travel returning to the U.S. For more information see the USCIS website, and instructions for Application for Extend/Change of Nonimmigrant Status Form I-539 to request reinstatement of status.

Students - Returning to the U.S. from Travel Abroad

Students who leave the U.S. for a break in studies of five months or more may lose their F-1 or M-1 status unless their activities overseas are related to their course of study. In advance of travel, students may want to check with their designated school official, if there is a question about whether their activity is related to their course of study.

When the Customs and Border Protection (CBP) immigration inspector at port of entry is presented a previously used, unexpired F-1 or M-1 visa by a returning student who has been outside the U.S. and out of student status for more than five months, a CBP immigration inspector may find the student inadmissible for not possessing a valid nonimmigrant visa. CBP may also cancel the visa after granting the student permission to withdraw the application for admission. Therefore, it is prudent for students to apply for new visas at an embassy or consulate abroad prior to traveling to the U.S. to return to their studies, after an absence of more than five months that is not related to their course of study