I am an F1 student in US. Will I be considered out of status for my summer vacation?

Asked over 1 year ago - Los Angeles, CA

USCIS says: "An F-1 student at an academic institution is considered to be in status during the annual (or summer) vacation if the student is eligible and intends to register for the next term"(See § Sec. 214.2(f)(5)(iii)). I was eligible and intended to register for fall semester when my summer vacation began in May, 2013. I and my spouse filed I-130 and I-485 concurrently and got receipts in August. So I decide now not to enroll for fall 2013. Will I be considered out of status from begining of summer vacation to the time I got 485 receipts in August since I changed my intention and do not actually enroll for fall term? Will my school DSO terminate my record in SEVIS using reason "failure to enroll"( see SEVP about "F and M Student Record Termination Reasons In SEVIS)? Many thanks!

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . Enroll further or leave.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . Your SEVIS will be terminated, ending your F-1 status.

    The Court of Appeals for the Second Circuit has stated that immigration law is "a notoriously complex and constantly shifting area of law."

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you do not enroll, the school will record in SEVIS that you are no longer an F1 student.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Rakesh Mehrotra

    Pro

    Contributor Level 4

    1

    Lawyer agrees

    Answered . It is not clear but it appears form your question that your wife is a US citizen. If so, then being out of status will not matter.

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