Legal Status

Documents Required

International students are normally admitted to the US for "Duration of Status" (D/S).This means that they are allowed to remain in the US for as long as they "maintain legal student status," NOT for the length of time listed on their visa or I-20/DS-2019 form.The information below lists the documents that students MUST have while they are residing in the US to remain legally present. Students should make copies of each of these documents and keep them in a safe place separate from the originals in case they are lost or stolen.

Passport

• Must  be valid for 6 months into the future upon entry into the US, to work in the US and should remain valid at all times during student's stay.
• If a student has been issued a Travel Document in Lieu of a Passport by the government of the country of which they are a resident, the information above, regarding passports, applies to Travel Documents.

I-20 & DS-2019 - "Certificate of Eligibility”

• To enter the US and each time students travel abroad and return, they must present their I-20 (for F-1 students) or DS-2019 (for J-1 students) to the immigration officials at the port of entry.
• For most UNM students, the I-20 or DS-2019 is issued by the university through the Office of International Admissions or the Global Education Office (GEO). Some J-1 students have documents issued by an outside agency.
• Students should keep all of these and any other immigration documents for your records even if they get new ones in the future.

NOTE: If any of the information on these documents changes, students must come to GEO immediately to apply for a new document. Note that the expiration date on the I-20 or DS-2019 is just an estimate. For F-1 students, permission to stay in the US ends 60 days from the date they complete the last requirement for their degree. For J-1 students, permission to stay ends within 30 days of completion of the last requirement. If students fail to follow all the rules of legal student status, their stay expires on the day the violation of status occurs.

I-94 Departure Record

• This is the document that authorizes non-immigrants to be in the US as a student (F-1 or J-1) for a specified period of time, for the specified program of study, at the institution specified on the I-20/DS-2019.
• After entering the U.S., the I-94 can be accessed and printed anytime at the I-94 website by selecting "GET MOST RECENT I-94" and entering passport information.
• In addition to the class of admission (e.g., F-1 or J-1), the I-94 contains the date of entrance into the U.S. and the date of expiration of permission to stay.
• For F-1 and J-1 visa holders, the expiration date should be written as "D/S" (duration of status), which implies the date of program completion (not always the same date as graduation).
• The I-94 must be presented when applying for a Social Security number and a driver’s license or state ID. Each time students re-enter the US, they should print a new I-94.

NOTE: If students fail to follow all the rules of legal student status, their stay expires on the day the violation occurs, even if their I-94 and I-20 or DS-2019 are still valid.

Entry visa

• Only Canadian citizens do not need a visa to enter the U.S.
• Students must present a valid SEVIS form I-20 or DS-2019 from the school they will attend to the U.S. Consular officer to obtain their entry visa.
• The visa may expire while a student is in the US; they cannot renew it in the U.S. and do not need to renew it while they are here (it is permissible to be in the U.S. on an expired visa); however, a new entry visa will be required if the original expires and they travel out of the U.S. and then wish to re-enter.
• Students may be able to travel to and return from Canada, Mexico, and adjacent islands (except Cuba) without a valid visa if they will be staying there less than 30 days (check with a GEO advisor for current regulations).

NOTE: The visa does not indicate how long students are permitted to stay in the U.S. Permission to stay ends once a student completes their program of study (plus grace period) or when they fail to “maintain legal student status.”

Rules for Status

ALWAYS

• Attend the school whose name appears on the I-20 or DS-2019 - in some cases, the DS-2019 may be from a different organization.
• Provide an updated local address within 10 days of any change (notify GEO in person or via email and we notify DHS).
• Maintain registration as a full-time student throughout every Fall and Spring semester. Summer is considered students' annual vacation unless they begin their program in summer. International students must COMPLETE each semester with a full-time course load. Full-time means:
  Undergraduate students = 12 credit hours minimum to keep legal student status (15 credit hours to keep an Amigo scholarship).Graduate students: 9 credit hours minimum (or 6 credits with an assistantship).
• Keep the "certificate of eligibility" (I-20 or DS-2019 form) correct and valid at all times and apply for extensions of stay at least one month before the document expires; see an advisor for a new I-20/DS-2019 if any information changes.
• Maintain a valid passport throughout one's stay in the US. A passport must be valid for six months into the future to enter the US, and students must bring updated passports to GEO immediately so that the new information can be reported.
• Complete necessary "immigration transfer procedures" if changing from one school to another in the US (even if a student completed the program at the prior school); contact an international advisor for details.
• Observe the “grace period” upon completion of studies. Students in F-1 status have 60 days and students in J-1 status have 30 days from the end of their program to do one of the following things:

• • Leave the US, or
  • Get a new I-20 or DS-2019 for a new program or school and enroll in the next available semester, or
  • Apply for off-campus work authorization (OPT for F-1, Academic training for J-1). Because of application deadlines and other restrictions, students wanting to apply must speak with a GEO advisor before completing their programs in order to get this benefit, or
  • Apply for a change to another immigration status.
    
    

NEVER

• WORK OFF CAMPUS without written authorization from an international advisor in advance (all off-campus work authorizations must appear on the I-20 or DS-2019 form).
• WORK ON CAMPUS more than 20 hours per week while school is in session during the Fall and Spring semesters.
• Take a leave of absence, withdraw from classes, or drop below the required number of credits without FIRST checking with an international advisor in GEO; students who terminate their program or otherwise fall out of legal status before completing do not have a grace period to leave the US, they must leave immediately!

NOTE: NO STUDENT may drop below their minimum number of credits except under extremely limited circumstances that must be authorized in advance by an international student advisor. Grades that do NOT count toward the full-time minimum include:

• W, WP, or WF: These grades are “withdrawals” and will be assigned by professors if students do not attend class.
• Grade option of Audit: This is a non-graded course which allows students to sit in on the class without doing the work.
• More than 3 credit hours of online courses; while students are permitted to take more online courses, only 3 credits can be counted toward full-time.

Other Legal Requirements

• Once a student has completed or terminated their program, or have failed to “maintain legal student status,” they can no longer legally enter the U.S. with their I-20 or DS-2019 form, and the staff of GEO can no longer sign those forms. (This means that students should NOT plan to travel out of and return to the U.S. with their current I-20/DS-2019 after they have finished their program).
• All international students are required to complete and submit U.S. tax forms to the federal government every year regardless of whether or not they earned any money in the U.S.
• All students are required by UNM policy to have health insurance that covers them during their stay. J-1 students are also required by the US federal government to have health insurance that meets specific requirements. 

Extending Documents

The "certificate of eligibility" (I-20 or DS-2019 form) must be kept correct and valid at all times. Students must apply for extensions of stay at least one month before the document expires.

Conditions and Limitations

Students may apply for an extension of their I-20/DS-2019 if:

1. The expected program end date on the I-20 or DS-2019 has not passed,
2. They have continuously maintained lawful F-1 or J-1 student status, and
3. The delay was caused by compelling medical or academic reasons (e.g. change of major or research topic, or unexpected research problems).

Delays caused by academic probation or suspension are not permitted reasons.

If a student does not meet the requirements for an extension listed above, they may need to apply for "reinstatement" to lawful F-1 or J-1 status. In this case, immediate consultation with the international advisor is necessary.

How to Apply for an Extension

Read and complete the extension paperwork from this handout.

Applicants will need to complete the student section (Section A) and their academic advisor will need to complete and sign the advisor section (Section B). Students will upload this form under the upload documents section in https://myGEO.unm.edu.

Proof of Financial Support

Applicants must provide proof of financial support to cover the remaining time they will need to complete their program or one year, whichever is longer. Students will upload this financial proof in the upload documents section in https://myGEO.unm.edu      

Funding amounts for grads.

Funding amounts for undergrads.

If a student needs fewer than full-time hours to complete their program, they only need to show tuition for the credits they need to complete. They also need to show approximately $1,300 per month for living expenses.

*For example, a PhD student who has completed all requirements except the dissertation would need to show only $700 per semester in tuition (cost of 6 dissertation hours) plus living expenses for each month of the extension. If they have dependents, they will need to show additional living expenses for them ($6,000 for a  spouse, $4,000 for each child).

For financial proof, they may use personal funds, such as a bank statement or their current assistantship contract (they can use this ONLY if their advisor indicates that their assistantship will continue on page 2 of the extension form). If they have funds from another source, GEO will need a letter of support from that source, as well as supporting financial documents, such as bank letters or salary statements showing that the funds are available.

GEO will notify you by email when the new I-20/DS-2019 is ready. 

If a student is working on-campus, their employer will want to see their updated I-20/DS-2019 with the extended completion date. For assistantships, they must give it to Graduate Studies (Humanities Bldg, Room 107).  For UNM Student Employment, they must give it to the Student Employment Office.

REMEMBER! Students should keep ALL I-20s/DS-2019s given to them during their studies.
They may need them if they apply for any future immigration benefits.

Changing Status

Changing Immigration Status to F-1 or J-1 Students Status Reasons You May Need to Change Status

Under US immigration law, you must be in the immigration status that matches your primary purpose for being in the US. Here are specific reasons why you might need to change your status:

• Change in primary purpose: If you entered the US for one purpose (such as working on H-1B or being an F-2 dependent) but now want to study full-time, your immigration status must change accordingly.
• Study restrictions with current status: F-2 visa holders CANNOT study full-time in degree programs without first changing status. B1/B2 visitors are completely prohibited from studying full-time or enrolling in degree programs.
• Dependent status issues: If you are on a dependent visa (F-2, J-2, H-4) and the principal visa holder leaves the US or changes their status, you must either leave or change your own status BEFORE continuing your studies.
• Age limitations: If you are a dependent approaching 21 years old, you cannot remain on a dependent visa past your 21st birthday. Your change of status application must be approved before this date.
• Employment benefits: To receive benefits specific to student status (such as on-campus jobs, assistantships, or practical training work authorization), your status change must be approved first. For some benefits, you must have been enrolled full-time for at least 9 months.

Two ways to change immigration status

Option 1: Leave and Re-enter the US

• Leaving the US
• Applying for a new entry visa at a US consulate abroad
• Re-entering with the new visa

Important: Do NOT choose this option if you have:

• Ever violated your immigration status terms
• Filed an application for permanent residency

If neither applies to you, this is currently the fastest and most reliable way to change status.

Option 2: File for Change of Status within the US

• Filing Form I-539 with USCIS while legally present in the US
• Waiting for approval (currently taking about 6 months)
• Receiving a change in status, but NOT a new visa

Note: You must meet with an international advisor or immigration attorney to determine if this option will work for your situation.

Important Conditions & Limitations

• Legal presence requirement: You must be in the US legally when you apply AND be able to maintain that status until the change is approved.
• Enrollment timing: When USCIS reviews your application, you must be able to enroll as a full-time student within the next 30 days, or your application will be denied.
• B-visitor restrictions: If changing from B-visitor status, you must wait until your change is approved before beginning any degree program. You can only take part-time avocational courses while waiting. B-visitors are often denied changes to F-1/J-1.
• F-2 dependent restrictions: If changing from F-2 status, you cannot enroll full-time until your change is approved.
• J-visa restrictions: If you were previously in J-1/J-2 status with a two-year home residency requirement, you may be ineligible to change status within the US.
• Research Scholar restrictions: J-visa holders wanting to change to J-1 Research Scholar/Professor category may face the "12-month bar" restriction if they've been in any J status during the previous 12 months.

Application Process

STEP 1: Be Informed

Read all information carefully and consult with an international advisor BEFORE applying. The advisor can help you understand current processing times and whether you should apply within the US or travel abroad for a new visa. For more in-depth details, review this handout.

STEP 2: Request Required Documents

• For F-1 status: Request an I-20 form
• For J-1 status: Request a DS-2019 form

STEP 3: Pay the SEVIS fee

• Required for changing to F-1 or J-1 (not required for F-2 or J-2)
• Pay using the SEVIS number on your I-20 or DS-2019
• Payment options:
  • Online at www.ice.gov/sevis/i901 with a credit card
  • Through Western Union Quick Pay in local currency
  • By mail with a form and check/money order from a US bank
• Print the payment receipt to include with your application

STEP 4: Begin Your Online Application

• Create an account at www.uscis.gov
• Select "File a form online" and choose Form I-539
• Complete all questions carefully (consider having an advisor review it)
• Use an address where you can receive mail for at least one year

Guidance for confusing questions:

• "Were you granted Duration of Status?" Answer "Yes" if your I-94 says "D/S"; "No" if it has a specific date
• "When does your status expire?" Enter the end date on your I-94, or if it says "D/S," enter the end date on your current status document
• "Effective date of change?" Enter the start date on your new I-20/DS-2019
• "Status extended until date?" Enter the end date on your new I-20/DS-2019
• "Additional Information" section: Explain why you're applying and how you'll use your education upon returning home

STEP 5: Prepare Documents to Upload (PDF format)

• Current I-94 (print from i94.cbp.dhs.gov if electronic)
• New I-20 or DS-2019 signed by you on page 1
• Financial documentation showing ability to pay for:
  • All tuition and fees
  • Health insurance
  • Living expenses
  • Personal bank statements
  • Scholarship/assistantship letters from your department
  • Support letters from sponsors with their bank statements
• Cover letter explaining:
  • What status change you're requesting
  • Why you need this change
  • How you've supported yourself in your current status
  • How you'll use your education in your home country after completion
• Current immigration documents:
  • Passport identity page
  • Current visa
  • Previous I-20s or DS-2019s (if applicable)
• SEVIS fee payment receipt
• If changing from dependent status (F-2, J-2, H-4), also include:
  • Principal visa holder's I-94
  • Principal's passport and visa
  • Principal's status documents (I-20, DS-2019, etc.)
  • Marriage certificate (if spouse is principal) or birth certificate (if parent is principal)

STEP 6: Submit Application and Pay Fee

• $420 application fee
• $85 biometric services fee may be charged (currently suspended)
• Optional: $1,965 premium processing fee (reduces processing to 30 days

After Submission: What to Expect

• Receipt Notice: You'll receive a "Notice of Action" (Form I-797C) within about 6 weeks. This includes a receipt number to track your application status online.
• Biometrics Appointment: USCIS may require you to visit a local office to have your fingerprints, photo, and signature taken.
• Possible Request for Evidence (RFE): If your I-20/DS-2019 start date passes while your application is pending, USCIS will likely request a new document with an updated date. Contact your international office immediately to request this.
• Regular Status Updates: For F-1/J-1 applicants, your international office must regularly update your SEVIS record to keep it active while your application processes. Ask them about their procedures for this.
• Decision:
  • If approved: You'll receive a new I-94 showing your new status and "D/S" (Duration of Status) as the end date
  • If denied: You may have limited time to leave the US (contact an advisor immediately)

Critical Reminders

• No early benefits: You cannot accept any benefits of the new status (like on-campus employment) until your change is approved.
• Timing matters: Start the process as early as possible, as processing times are currently 6 months.
• Status transition: Once your new status is approved, you can no longer perform activities allowed by your old status if they're prohibited under your new status.
• Registration requirement: If changing to F-1/J-1 at UNM, you MUST contact the international office immediately after approval so they can register you in SEVIS.
• Visa vs. Status: This process changes your status but NOT your visa. The next time you travel internationally, you'll need to apply for a new visa stamp at a US consulate to re-enter in your new status.

Processing Times and Alternatives

• Current processing: Approximately 6 months
• If you need faster approval, consider:
  1. Leaving the US to apply for a new visa (Option 1 above)
  2. Adding premium processing ($1,965 extra) for 30-day processing
  3. You can add premium processing later if your application is taking too long

Reinstatement

Violations

Violations of F-1 status may include but are not limited to:

• Dropping below full-time enrollment without prior approval from an international advisor.
• Failure to complete an immigration transfer in a timely manner, or engaging in illegal employment.

Need Help?

• Read this page thoroughly and then make an appointment to see an international advisor at GEO immediately to discuss your options for regaining lawful immigration status.
• GEO can help you apply to regain legal immigration status so that you can enjoy all of the benefits of being an F-1 student in the U.S.

NOTE:

Once a student or scholar has violated their status, GEO can no longer sign their documents for travel, approve work authorization, or issue any letter or document on their behalf verifying their legal immigration status.

Conditions & Limitations

 A student may be reinstated to F-1 status according to 8 CFR § 214.2(f) (16) (i) if: