Can I Stay After My Student Visa Program Ends?

As a student who was granted the amazing privilege of studying in the United States, you may have treated your studies as your full-time job and thereby directed all your focus here. While this is honorable, at the top of your mind, you must also prioritize a game plan for after graduation. That is, the last thing you want to do, even if accidental, is to overstay your student visa and have an unlawful presence in the country. With that being said, please read on to discover whether you are given a grace period to stay in the U.S., a little after your student visa program ends, and how one of the seasoned Lancaster County student visa lawyers at Lupton Law LLC can help ensure you are acting within the legal parameters of your status.

Is there a grace period to stay after my student visa program ends?

You may be given some leeway before you are expected to make travel arrangements to exit the United States. The extent of your grace period may depend on the specific student visa program you are a part of. For example, with an F-1 student visa, you may be afforded a 60-day grace period beginning on the date your program of study ends or the end date of your post-completion optional practical training (OPT). As for an M-1 or J-1 student visa, this extension may be limited to only 30 days after completing your course of study.

Of note, you may take advantage of these one or two months to transfer to another Student and Exchange Visitor Program (SEVP)-certified school to pursue a higher degree. Or, to apply for an employment-based immigration status with the United States Citizenship and Immigration Services (USCIS) (i.e., H-1B visa) to transition into a professional life in the country. Lastly, you cannot continue to study or work at this time unless you have already obtained an updated I-20 form or been approved for an OPT program.

Can I apply for reinstatement after overstaying my student visa?

If you remain in the United States for even just one day after your grace period ends, you may have fallen out of status. In other words, you may have been considered to have an unlawful presence in the country. But if you wish to clear up this mess and continue your studies in the U.S., all while avoiding having to leave and disrupt your academic progress, you may consider petitioning for a reinstatement with the USCIS. This may be accomplished via Form I-539, Extend/Change Nonimmigrant Status.

With this application, you must explain how the violation of your immigration status occurred through no fault of your own (i.e., you were seriously ill and unable to travel, your academic institution made a clerical error, etc). Also, you must demonstrate how you are still enrolled or planning to enroll in an SEVP-certified school immediately. And lastly, prove that you were not engaging in unauthorized work activity or other immigration violations during your overstay.

For further legal assistance, please hire one of the competent Lancaster County student visa lawyers from Lupton Law LLC. Schedule your initial consultation with us today, and see just how much we can do for you.