If it illegal to be in the US on an f1 visa if I'm not enrolled in classes? 17 Answers as of September 11, 2012

I came to the US with f1 visa which is valid until 2014. However, I am not enrolled for any class currently.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, you are out of status if you are not attending school as per your F-1 visa.
Answer Applies to: California
Replied: 9/11/2012
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Once you stop being enrolled you are out of status. This is serious and not a good idea as it will jeopardize your rights to future status in the U.S. If there is a good reason you aren't in school talk to your Designated Student Officer as otherwise they are required to report you to ICE to being deportation.
Answer Applies to: California
Replied: 8/15/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
Hello: You are violating your status by not going to school full-time. Assuming you are not working out of status, you should file to reinstate your status.
Answer Applies to: California
Replied: 8/15/2012
Bustos & Associates
Bustos & Associates | Pablo E. Bustos
A person in F1 status must not only be enrolled in classes, they must attend those classes as a student in order to maintain their status.

When you entered the United States, your immigration status was valid for the duration of status, or rather for as long as you were a student.

If you failed to attend classes, or even enroll in classes, then yes, in theory, you are out of status.

Although the immigration service may not devote any resources in tracking you down, if you apply for another immigration benefit, or your immigration status is somehow otherwise exposed to the proper authorities, you may have problems, including, but not limited to, deportation.
Answer Applies to: New York
Replied: 8/15/2012
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If you violate your F-1 status, you will be considered a student visa violator and will not be eligible for future benefits. See an immigration attorney soon.
Answer Applies to: Nevada
Replied: 8/15/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    You are playing with fire in my view. It is your responsibility to use your visa for the purpose that it was granted.

    At some point, your game will catch-up with you and you will find yourself in removal proceedings and barred from entry to the US. Enroll or lose it. We don't want that.
    Answer Applies to: California
    Replied: 8/15/2012
    Universal Law Group, Inc. | Francis John Cowhig
    If you have never enrolled in school since entering on an F-1 visa or quit school and have no plans of returning, it is illegal to be in the country. If you are on summer break, and will be attending school again in the fall, you should be alright.
    Answer Applies to: California
    Replied: 8/15/2012
    Mayo Mallette PLLC
    Mayo Mallette PLLC | Thomas J. Rosser
    You are considered "out of status" as an F-1 student if you are no longer enrolled properly and taking the minimum number of credit hours of classes required to maintain your F-1 authorization.

    You should check with the DSO (Designated School Official) at your school to find out what reporting on you to ICE by means of the SEVIS system he/she has completed since you dropped out of school.

    You may not have accumulated "unlawful presence" time since you were initially admitted as a student under D/S - Duration of Status, but you should not plan to remain indefinitely (i.e. into 2014) in the US in F status if you are no longer studying.

    Consult with an experienced immigration attorney as to what options may be open to you under your particular, unique circumstances.
    Answer Applies to: Mississippi
    Replied: 8/15/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    You need to be enrolled in a school to maintain your F1 status, failure to do so other than regular breaks or during a change of school will result in your being out of status.

    You should contact the DSO at the school you originally came to the US to attend for further information or contact an immigration attorney such as myself or another of your choice for a consultation.
    Answer Applies to: California
    Replied: 8/15/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You're still considered in F-1 status until USCIS officially terminates it.
    Answer Applies to: Texas
    Replied: 8/15/2012
    Gilgannon Law, LLC | Stuart D.P. Gilgannon
    Being enrolled full time in classes is a condition of your F1 status, so yes you are in violation of your non-immigrant status and therefore in the United States unlawfully.
    Answer Applies to: Wisconsin
    Replied: 8/15/2012
    The Law Office of Khoa D Bui
    The Law Office of Khoa D Bui | Khoa D Bui
    Hello - The F-1 status requires that the visa holder enrolls in the specific school, on a full-time basis. It will be automatically invalidated if the requirements are not met. I advise you to contact an immigration attorney immediately to go over your options.
    Answer Applies to: California
    Replied: 8/15/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your F-1 visa only remains valid if you are enrolled full-time in school. The F-1 visa automatically terminates upon your failure to comply with the terms of your visa. You began accruing unlawful presence upon failure to maintain status.
    Answer Applies to: New York
    Replied: 8/15/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    What you ask is actually a bit of a complicated question. Student status is for the "duration of status" - so for as long as you are maintaining status, you are fine.

    But by not enrolling in your classes, you are not fulfilling the requirements of your visa. So you will not be able to change status to another non-immigrant status.

    However, until an official determination is made that you have violated your status, you do not begin to accrue unlawful presence.
    Answer Applies to: Washington
    Replied: 8/15/2012
    U.S. Tax Relief, LLC | Dale Heider
    Yes, it is.
    Answer Applies to: Colorado
    Replied: 8/15/2012
    Clayman, Tapper & Baram LLC | Michael Hafkin
    Yes, you're in violation of your status and subject to removal.
    Answer Applies to: Connecticut
    Replied: 8/15/2012
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You should be very careful because ICE could come and take you away. Not sure if you have this situation, but the best option would be to marry a US citizen.
    Answer Applies to: California
    Replied: 8/15/2012
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