On July 31, 2020 DHS filed a motion to dismiss its own appeal of a decision about Unlawful Presence for Fs and Js. For now, USCIS has returned to applying prior policy guidance based on its unlawful presence memo issued on May 6, 2009. Under that prior policy, F/J students admitted for duration of status (D/S) do not begin accruing unlawful presence until an immigration judge finds a status violation in the course of an immigration proceeding, or an immigration officer finds a violation of status in the course of an application for an immigration benefit.
Below are BIO's tips on properly maintaining your F/J status to keep your immigration record safe and secure:
Keep your local residential address current in Cal Central. It must be updated within 10 days every time you move. (Students on post-completion employment authorizations will use the BIO SSU Hub to update address and employment information.)
You must be enrolled in full-time units each semester. For immigration purposes, in most cases, students must complete a minimum of 12 units per semester. Check your college (UG) or dept (Grads) for minimum unit requirements.
If you are found in violation of the Student Code of Conduct, or have been arrested or violated U.S. laws it’s important to contact BIO as soon as possible to understand what the impact may be on your F-1/J-1 status, as well as next steps and resources for support. Remember, any violation (suspension, dismissal, arrest) that impacts your ability to be an enrolled, full-time student or continue your post-completion employment will have a negative impact on your F-1/J-1 status.
You must have a current, valid I-20/DS-2019 from the school you are attending full-time. If you transfer from another school to UC Berkeley, or from UC Berkeley to another school, make sure you follow the proper procedure to transfer.
Your I-20 or DS-2019 is only valid as long as you are a continuing, full-time student in your degree program, or on your approved post-completion training. If you graduate early, your I-20 or DS-2019 will be shortened to the last day of your final semester of enrollment. If your final semester is Summer you MUST be enrolled in Summer! You must notify BIO of your early completion in order to avoid overstaying. If you need more time to complete your program, apply for an Extension of Program BEFORE the current completion date on your I-20 or DS-2019.
Before any international travel, review the necessary travel documents and obtain a travel signature from BIO. Travel endorsements are valid for one year during the program of study, but BIO recommends obtaining a new signature every 10 months. Exception: Travel endorsements during F-1 post-completion OPT/STEM are only valid for 6 months.
- F-1s have a 60 day grace period following the end of the program of study or authorized OPT Post-Completion Training. F-1’s may use the grace period to depart the U.S., continue studies via Change of Level or Transfer, or apply for Post-Completion OPT employment.
- J-1s have a 30 day grace period following the end of their program of study or Post-Completion Academic Training. J-1s may ONLY use the grace period for departure. Any Transfer or post-completion Academic Training request must be submitted BEFORE the end of the program of study or DS-2019 expiration.
F-1 and J-1 students have limited options for employment. Before beginning any employment, review and understand F-1 or J-1 student employment rules for on-campus work or off-campus work, including before degree completion (On-Campus Employment Authorization or Academic Training for J-1s ; CPT for F-1s) and after your degree completion (Academic Training for J-1s and OPT for F-1 students). Be aware of employment authorization application procedures, eligibility, deadlines and rules for maintaining status during post-completion employment (Academic Training for J-1s and OPT for F-1 students).
J-1 students — and their J-2 dependents — must maintain health insurance coverage that meets J-1 federal guidelines for the entire length of their program, including post-completion Academic Training. The UC Berkeley Student Health Insurance Plan (SHIP) meets these requirements.