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    • Maintaining Legal Visa Status in the U.S.

    To maintain your legal status in the United States as an international student or exchange visitor, please read the "maintaining status" information for your specific immigration status:

    Temporary Visa and Immigration Status

    It is very important to clarify two legal terms in order to fully understand how to maintain your legal status in the US. People are often confused about the terms "visa" and "immigration status". We frequently hear students say, "My visa is expiring. How do I get my visa extended?" This can mean several things, depending on how the term "visa" is used. The following paragraphs explain the difference between "visa" and "immigration status." We hope it will clarify things for you.

    Visa Stamp

    The visa stamp in your passport was obtained at a US embassy or consulate abroad and is used for entering the US. The visa shows the latest date on which you can apply to enter this country. It does not show how long you can stay here. When arriving at the US "port of entry," the US Immigration inspector examines your passport, your visa, and your Certificate of Eligibility (I-20 or DS-2019), and determines whether you are admissible to the United States. The visa functions as a key to enter the US. Once you have opened the door and entered, you do not need to worry about whether your visa is valid or expired. When you are leaving and need to re-enter the US, you must be sure that you have a valid key (US visa) for return. Note: Canadian citizens are not required to have a passport (if entering the US from within the Western Hemisphere) or visa, but they must show their DS-2019 or I-20 and proof of Canadian citizenship at the US port of entry.

    If the visa stamp in your passport expires, it is not necessary to renew it if you will simply stay in the U.S. However, if it has expired and you wish to travel outside the U.S., Canada, or Mexico, then it will need to be renewed at a U.S. consulate or embassy outside the U.S. It cannot be renewed within the U.S.

    Immigration Status

    After the immigation inspector determines you are admissible, an immigration status is granted, which shows on your I-94 card and your I-20 (for F-1) or DS-2019 (for J-1). Most students have either an F-1 or J-1 student status, or J-1 visiting scholar status. In most situations your visa type and immigration status are the same, unless you have changed your immigration status after entering the US. For instance, some F-1 students change their status to F-2 (the dependent of F-1 student) or to another temporary immigration status. To maintain your legal status in the US, check your visa documents such as I-20, DS-2019 and I-94 card (not the visa stamp in your passport), register full-time, and maintain registration as a full-time student at Cornell University. For F-1 students, check the ending date under item 5 on your I-20 Form. For J-1 students and scholars, check item 3 on your DS-2019 Form, and make sure that you ask for extensions of your program BEFORE the expiration date on your form. If your I-20 or DS-2019 has expired, you will need to speak with an advisor at the ISSO as soon as possible.

    By now, it should be clear that to maintain your legal status in the US, you must have a valid I-20 or DS-2019 Form and register full-time as a student. Sometimes students finish their studies earlier than the date on their I-20, and think they have extra time to stay without being registered as a student. This is incorrect. For F-1 students, you must either apply for Optional Practical Training BEFORE you graduate, or leave the US within 60 days after you graduate, no matter what the date is on your I-20. For J-1 students, you have 30 days to depart, but you must apply for Academic Training before the end of your program.

    In conclusion, you should always register full-time and have valid immigration documents. Don't be hesitant to contact us if you are not certain about your status and documents.