FORM I-20
When a student has been admitted to a college or university in the United States, a Form I-20 (Certificate of Eligibility) is issued as proof of acceptance. The student presents the Form I-20 to the United States Embassy or Consular Office to obtain an F-1 student visa. When a student signs the I-20, he is certifying that he understands the terms and conditions concerning his admission and stay in the United States as a nonimmigrant student.
Please contact the Brookhaven College Multicultural Center, located in the Student Services Center, Building S, Room S136, for assistance with your immigration status.
At the time of initial entry to the United States on a student visa, the admitting immigration official will keep Page 12 of the Form I-20 (School Copy). Page 34 of the Form I-20 (Student Copy) will be returned to the student and will be marked to show the date and place of admission and the admission number.
Length of Stay
An F-1 nonimmigrant is admitted Duration of Status (D/S), which is defined as the time during which the student is pursuing a full course of studies in any educational program and making normal progress toward completing that course plus sixty days within which to depart from the United States.
Limitations on Duration of Status
The "completion of studies" date on Item #5 on the Form I-20 is the date by which the INS expects the student to complete requirements for the student's program. If you are unable to complete your program of study by that date, you will need to contact the International Student Advisor AT LEAST 30 days BEFORE reaching the completion date on the I-20. If you are eligible for an extension of your time limit, you will need to apply for an "extension of stay" before the 30-day period expires. If your completion of studies date has expired or if you do not meet the eligibility requirements to apply for a program extension, you may need to apply for "reinstatement" to lawful F-1 status.
60-Day Departure Period
During the 60-day departure period, students may apply to move to another educational level, transfer schools, or change to another nonimmigrant status. No employment is permitted during the 60-day period if the student intends to leave the United States rather than continue in another educational program.
MAINTAINING LAWFUL F-1 STATUS
It is important to maintain F-1 status because ANY nonimmigrant who fails to maintain the conditions of the visa status is:
INELIGIBLE to extend his authorized stay in the US
INELIGIBLE to change his nonimmigrant status without leaving the US
SUBJECT to arrest, imprisonment, and deportation from the US
Students can better avoid problems of visa status if they know and comply with the conditions of the law. There are basically two major considerations: the time the student is permitted to remain in the United States and the conditions the student must observe while in the US which are listed on the next page.
Full Course of Studies
In order to remain in status, people classified as F-1 non-immigrants must pursue a "full course of studies".To be enrolled less than full time in school without permission from the Brookhaven College Multicultural Center is considered a violation of immigration status. Full-time enrollment at Brookhaven College is at least 12 credit hours per semester, EXCEPT where less than 12 hours is needed to complete the educational program. Students are not required to attend school during the summer or between semesters.
Attend School Authorized to Attend
For the initial admission, a student MUST attend the school specified on the visa. Failure to attend the school specified will result in the loss of student status, and therefore subject to deportation.
Change of Address
Within 10 days of a move to a new address, it is important that you notify the Multicultural Center office. You should also complete a change of address form with the US Post Office. By completing this form, your first class mail will be forwarded to your new address for up to one year.
NOTE: Law requires the Brookhaven College Multicultural Center to maintain records on current addresses for all of its international students. You should keep the Brookhaven College Multicultural Center informed of your current address and phone number at all times so that you can be reached in the case of an emergency.
Extension of Stay
An application for extension of stay must be filed by any student who must remain in an educational program beyond the date originally estimated for completion of the program, stated on Item #5 on the Form I-20.
Application for extension of stay must be made in a 30-day period before the completion date on the I-20. An F-1 student is eligible for program extension if the student
1) has continually maintained student status and
2) delay in completion is caused by compelling academic or medical reasons, such as changed of major or research topics, unexpected research problems, or documented illnesses.
Delays caused by academic probation or suspension are not acceptable reasons for program extension. Application for extension of stay is made on Form I-538 that must be submitted to an advisor in the Brookhaven College Multicultural Center. If eligible, a new Form I-20 will be prepared indicating that extension of stay is granted. A student who fails to comply within the 30-day period before the completion date on the Form I-20 or who does not meet the eligibility criteria for program extension is out of status and must apply for reinstatement to student status.
Transfer of Schools
An F-1 student is eligible to transfer to another school if the student
1) has been enrolled full time at the school last authorized to attend,
2) plans to enroll as a full-time student at the new school, and,
3) is financially able to attend the new school.
The student must inform the school he is currently authorized to attend that he intends to transfer schools, and obtain a permission to transfer letter from them to take to the international student advisor at the school he is transferring to. The student must also obtain a new I-20 from the school he plans to attend and must enroll in the new school in the first term after leaving the previous school or the first term after eligible vacation. If a student has not pursued a full course of study at the last school authorized to attend, the student is not eligible for transfer of schools, and must apply for reinstatement to student status.
Reinstatement to Student Status
An F-1 student who has overstayed the authorized period of stay, has failed to maintain full time enrollment, failed to complete the school transfer procedure, or has entered the United States on another school's I-20 and failed to enroll in that school must apply for Reinstatement. The decision to reinstate the student to lawful
F-1 status is made at the discretion of INS. Applications for reinstatement can be picked up at the Brookhaven College Multicultural Center Office. The Multicultural Center Student Advisor will prepare an updated I-20 for reinstatement and will submit the petition for reinstatement to student status to the INS. If the application is approved, INS will endorse the Form I-20 and return the Student Copy to the student. If the application is not approved, the student should contact the Multicultural Center Student Advisor as soon as possible.
FAILURE TO ENROLL
All international students who do not expect to enroll in Brookhaven College for the next semester MUST report their plans to the Multicultural Center advisor as soon as possible. Failure to do so may jeopardize immigration status.
CONCURRENT ENROLLMENT
An F-1 student may enroll concurrently at two schools provided that through the combined enrollment, he is enrolled in the equivalent of a full course of study, is enrolled in a degree program at one of the two schools; and has permission from the Multicultural Center Student Advisor where the student is enrolled in a degree program. The school where the student is pursuing a degree program must have evidence that the student is enrolled in the equivalent of a full course of study, and is responsible for all required record keeping of the student to INS. A new I-20 is not needed if these procedures are followed for concurrent enrollment.
CHANGE OF STATUS
An alien in any nonimmigrant status (except C, D, K, or M, and in certain cases J, or who has entered the United States under the Visa Waiver Pilot Program), can apply for a change to F-1 status if he has maintained lawful nonimmigrant status up to the time the application is filed.
Application for change of nonimmigrant status is made on Form I-539 (Application to Extend Status/Change nonimmigrant Status). The I-539 must be submitted with the applicant's form I-94 (also I-94s of dependents, if applicable), the required processing fee (made payable to INS), and an affidavit of financial support. A Form I-20 must accompany the application from the admitting academic institution with Item #11 completed and signed by the applicant. It is recommended that students not apply for a change of status until they have been in the United States for at least 60 days. However, an applicant for a change of nonimmigrant status to F-1 may start attending school before the application has been approved.
SPOUSES AND DEPENDENTS
The spouses and unmarried minor dependents of an F-1 student may be admitted as F-2 non-immigrants.
F-2s are not required to attend school, are authorized to stay in the United States for a period corresponding to the F-1 principal, and may not be employed under ANY circumstances.