Ask an Immigration Attorney: How Do I Come Back After My Student Visa Expires?

Ask an Immigration Attorney

Do you want to stay in the US after your student visa expires? If your student visa is fast approaching its expiration date, it’s important to ask an immigration attorney for advice as soon as possible. It might be easier than you think to stay in the US for a longer time!

Here’s how it works according to Peer Transfer: “When you enter the US, an immigration officer at the port of entry will issue you an I-94 card that indicated your non-immigrant status (F1) and your authorized stay. It is typically “Duration of Status” or “D/S on a student’s I-94 card, meaning that you may remain in the US as long as you are enrolled in the school to complete your academic program. After the program ends you will have 60 days to depart the US.”

Below, we’re going to highlight what your next steps should be:

1. Contact VisaPlace

Our experienced team of immigration attorneys will be able to listen to your individual circumstances and advise you on the best course of action to take. This could either be visa renewal or applying for a new visa, depending on how long ago it expired. You will not be able to renew your student visa while you are in the United States.

2. Renew Your Student Visa

If you plan on continuing your studies, and have been outside the US for less than five months, there’s a good possibility that you will be able to renew your student visa.

According to the US Department of State: “Continuing students may renew their visas at any time, as long as they have maintained student status and their SERVIS records are current. Continuing students may enter the United States at any time before their classes start.”

Ask an immigration attorney about the process involved in renewing your student visa.

3. Apply for a New Student Visa

If you’ve left the United States and have not attended any classes for five months or more, you will need to apply for a new student visa which will allow you to re-enter the US.

In order to successfully apply for your new visa, you should ensure you have all the required documentation and that you allow enough time for processing. Your documentation should include (but may not be limited to) the following as highlighted by US Immigration and Customs Enforcement:

  • An I-20 form endorsed for travel and signed by your DSO.
  • Original documented evidence as proof of having the necessary funds to cover both your tuition and expenses.
  • Evidence which shows that you intend to return to your home country upon completion of your education – this should include evidence of economic and social ties to your country of origin.
  • If you have applied for optional practical training (OPT), also bring your copy of Form I-20 endorsed for OPT and your Employment Authorization Document (EAD), if applicable.

If you’re unsure of any of the above, always ask an immigration attorney for professional advice.

Do You Want to Renew Your Student Visa?

Studying in another country is an amazing experience for any student, and the process of renewing your student visa should be as easy as possible. If you want to ensure your best chances of getting your student visa renewed, then we recommend you consult with us before submitting.

The first step towards your visa renewal is getting an assessment of your case. Fill out our FREE immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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