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

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!

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Attorney answers 4


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 attorney to discuss your individual case.



Hi, Stephen Thank you for posting. But I do not think you understood and answered my question.


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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Enroll further or leave.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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.