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Immigration Regulations and Maintaining Status

Immigration Regulations and Maintaining Status

The information on this page gives you a brief overview of some of your status requirements. Individual circumstances may vary in certain cases, so when in doubt always consult an ISSS advisor first before making a decision that could potentially impact your immigration status.

The following subpages are designed to help you understand immigration regulations and maintain your status:

As an international student, you are responsible for maintaining your immigration status. Maintaining status means that you following the immigration rules, regulations, and reporting requirements. Failure to maintain status or a violation of status can lead to a loss of status, which may require you to depart the United States quickly or could jeopardize future applications for benefits (such as OPT, changes of status, or other authorizations).

ISSS advisors are also referred to as “Designated School Officials” (DSOs) and “Responsible Officers” (AROs). We are not federal or law enforcement officials, however we are required to report information about your status to the federal government. We are here to help you, which means that we are your point of contact for questions about immigration, traveling, work authorizations, cultural adjustment, and other issues.

Definitions

F-1: The F-1 visa category/status is for students pursuing full-time study in the United States
F-2: Dependents of a F-1 (spouse or child under 21) are referred to as F-2s.
J-1: The J-1 visa/status has a number of subcategories for exchange visitors, which include students, exchange visitors, visiting scholars, au pairs, etc... The Exchange Visitor program is administered by the Department of State.
J-2: Dependents of a J-1 (spouse or child under 21) are referred to as J-2s.
SEVIS: The federal database managed by the Department of Homeland Security which houses the records for F-1 and J-1 students. ISSS reports to DHS in SEVIS.
Status: This is the legal standing of a visa holder in the United States. Different statuses allow different purposes for being in the United States. Some allow study, employment, and other benefits-- others do not.
Visa: This is the stamp in your passport that you use to enter the United States in a certain status. A student needs a valid visa to enter the United State, and should enter using the visa for the status they plan to use (so you must enter using your F-1 or J-1 visa to study, not a B or other visa). A student can remain in the United States on an expired visa as long as his or her immigration status is still valid.
Non-Immigrant: F-1s and J-1s are non-immigrant visas, meaning that the student must show non-immigrant intent prior to obtaining the visa.
I-20: This document is used for a F-1 student to obtain a F-1 visa, and proves their status while in the United States.
DS-2019: This documents is used for a J-1 exchange visitor to obtain a J-1 visa, and proves their status while in the United States.
DHS (Department of Homeland Security): The federal agency responsible for a number of security and enforcement related matters, including immigration enforcement. SEVIS is managed by DHS.
USCIS (U.S. Citizenship and Immigration Services): This federal agency, housed under the Department of Homeland Security, adjudicates benefits such as OPTs and changes of status.
CBP (U.S. Customs and Border Protection): This federal agency, housed under the Department of Homeland Security, mostly interacts with students at the border and determines their eligibility to enter the U.S.
ICE (U.S. Immigration and Customs Enforcement): This federal agency, housed under the Department of Homeland Security, is a law enforcement agency for immigration related matters.

Disclaimer:

The information contained in this web site/form is provided as a service to international students, faculty and staff at the University at Albany. It does not constitute legal advice. We try to provide useful information, but we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to this web site or any associated site or form. Neither the University at Albany nor ISSS is responsible for any errors or omissions contained in this website, or for the results obtained from the use of this information. Nothing provided herein should be used as a substitute for the advice of competent legal counsel; students may wish to consult an immigration attorney on the specifics of their case as needed.