Status, Grace Period, Unlawful Presence

STATUS: WHAT IS IT

DePauw international students receive their U.S. immigration status when they enter the United States through an official port of entry. Less frequently, individuals will obtain their status through the approval of an application to U.S. Citizenship and Immigration Services (USCIS). Note: Sometimes immigration status is referred to as “nonimmigrant status” or “visa status.”

Once you receive your status, it is crucial that you “maintain” it–or follow all the necessary rules and regulations that apply to your particular immigration status. 

Immigration status is different from the visa that you receive. The visa is a stamp affixed to your passport that allows you to enter the United States. Your visa status (immigration/nonresident status) is what allows you to stay in the United States for a particular reason and for a particular period of time. 

UNLAWFUL PRESENCE

Unlawful presence refers to the period of time that an individual is in the United States after they have violated their immigration status. In other words, they have failed to maintain their immigration status and have not complied with all of the required rules and regulations applying to their immigration category. 

USCIS starts counting unlawful presence the day after an F or J status violation occurs. In other words, any time in the U.S. after there has been a violation will count as unlawful presence.

What are the repercussions? If 180 days of unlawful presence accumulate, you can be barred from the United States for three years. If one year of unlawful presence accumulates, you can be barred from the United States for ten years. 

Examples of Violations and Unlawful Presence

Unlawful presence will begin the day after: 

• You engage in any unauthorized activity, including working without work authorization or dropping below full-time enrollment without prior authorization.

• You stop pursuing your course of study without an authorized leave of absence or withdrawal before your program end date.

• Your I-94 record expires. Always check your I-94 when you come to the U.S. If are not admitted for “D/S” (duration of status), contact ISA for support and guidance.

• An immigration judge orders you to be excluded, deported, or removed from the United States.

GRACE PERIOD

The grace period refers to the maximum period of time international students are permitted to remain in the United States after the completion of their program of study, as indicated on their I-20 or DS-2019, including any authorized F-1 practical training or J-1 academic training.