SPAN Edition 2 2022

Page 34

Maintaining

Legal Status By NATASA MILAS

Designated School Official (DSO)— Every year, the within 10 days of arrival. From then on, United States opens it is fairly simple to maintain legal status during the course of their studies. It is its doors to important, however, to ensure all the international students requirements necessary to maintain legal from around the world. status are kept in good standing. For students, it’s Avoiding violations important to be “The programs of study in the United States are an opportunity intended to mindful of the provide the student with a rich and requirements to rewarding experience, along with a maintain legal status degree issued by a U.S. university that a superior achievement. The while studying in the reflects program is designed to facilitate, with United States. the greatest ease, the learning, cultural

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tudying in the United States is a great opportunity for international students to interact with a different culture and gain invaluable learning experiences. During the 2020-2021 academic year, more than 900,000 international students were enrolled at U.S. colleges and universities, representing 4.6 percent of the total student population at these institutions, according to the 2021 Open Doors Report. Indian students comprised 18 percent of this number, with 167,582 students. Students accepted to study at a U.S. higher education institution are typically issued an F-1 visa, or less frequently a J1 or M-1 visa, which enables them to be legally present in the United States for the purpose of studying at a university, college or vocational school. Once in the United States, with their passports and visas in hand, international students need to report to their school’s international student advisers—the

34 EDITION 2 2022

and social offerings of study in the United States for all who abide by the intent and rules of the program,” says an official at the Customs and Border Protection (CBP) Attaché Office in the U.S. Embassy in New Delhi. “The student needs to be vigilant in following the program guidelines and rules. The risk of operating outside of the program remains a constant temptation, regardless of the motivation. The student is strongly advised to maintain adherence to the programs and the conditions of the visa issued to them as the penalties of violating those terms may jeopardize future visas and opportunities to visit the United States.” One of the key elements of maintaining legal status is to be enrolled in a full course of study and to make progress toward completion of the degree. Failure to do so can jeopardize the student’s status. According to Kristen Hagen, associate director at the Center for Global Engagement at Florida State University, students fail to maintain their

legal status when they do not enroll in a full course of study without obtaining advance authorization from their international student adviser. Students must be enrolled in classes, or have prior authorization to not enroll in classes, to maintain status. This is true except during an annual vacation. The CBP Attaché Office says it understands that the “life of an international student can be difficult with challenges posed by living conditions, American culture, language (even though it still may be English), being far away from family and home, etc.” If students encounter difficulty in their studies, they can apply for a reduced course load with authorization from their international student adviser. “The international student adviser can authorize a reduced course load when a student has a documented medical condition or when a student has initial difficulties with English language or reading requirements, is unfamiliar with U.S. teaching methods, or encounters improper course level placement,” says Hagen. She also advises to keep grades from falling too low, as this can jeopardize a student’s legal status. “If a student’s grades are too low, they can be dismissed from the program and not allowed to continue, leading to a loss of legal status,” she says. Students on F-1 visa are allowed to work up to 20 hours per week on campus and more during the holidays and vacations. If a student works for more than 20 hours on campus, or engages in work off campus without prior authorization from their international student adviser, they


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