status

Maintaining Legal Status | Immigration procedure | Employment

When leaving your homeland, you become a stranger in a foreign country. In such circumstances, regardless of the nations involved, foreigners are faced with controls, rules, regulations, and requirements which they must meet while abroad. In the United States these requirements are administered by a branch of the national government called the Bureau of Citizenship and Immigration Service (formerly known as the INS).

***EACH FOREIGN STUDENT IS ABSOLUTELY, POSITIVELY, AND IRREVOCABLY RESPONSIBLE TO PERSONALLY INFORM HIMSELF/HERSELF OF THE REQUIREMENTS GOVERNING HIS/HER OWN STATUS (AND FAMILY IF APPLICABLE) AND MAINTAINING THE VALIDITY OF HIS/HER PASSPORT AND THAT OF HIS FAMILY .

The International Students Office is here to help you and provide you with guidance and information but the ultimate responsibility lies with each individual personally to meet those requirements.***

A. MAINTENANCE OF STATUS top

1. Passport. If you were granted an F-1 foreign student visa, your passport should be valid for at least six months beyond the projected date of completion of your program (the expiration date of your I-20). However, if you decide to apply for an extension of your immigration status, the U.S. Immigration service will require that your passport be valid for six months beyond the requested extension of stay. To renew your passport, contact your country's consulate or embassy. If your consulate requires proof that you are a registered student at Trinity, the International Student Coordinator can provide you with a letter stating that this is the case. Renewing your passport is your responsibility, no one will remind you at the appropriate time, so mark the date on your calendar.

If your consulate requires that you surrender your current passport in which your F-1 visa is stamped, you must refuse. This visa is proof that you have entered the U.S. legally, and you must have it with you for the duration of your stay in this country. Please explain the situation and petition that they issue you a new passport without taking your old one.

*Once you have obtained your passport, keep it in a safe place. In many countries it is extremely difficult to replace a lost or stolen passport. Make at least two copies of each page of your passport and keep them at two different locations. We advise you to give a copy of your passport to the International Student Advisor who will keep it in your file. Also, when leaving on a trip, whether within the States or abroad, take a copy of your passport in addition to the original. This will help with the replacement of your passport if stolen or lost.

2. Valid Arrival-Departure Card (I-94 Form) . The I-94 form, the small white card stapled in your passport at the time of your entry into the U.S., governs your legal status while you are in the U.S. (once you have actually entered into the U.S., the visa stamped in your passport only serves to confirm your legal entry). The I-94 form will list the immigration status you are in and the date it will expire. For F-1 foreign students the immigration officers usually do not indicate a date of expiration on the form I-94. Instead, they enter the designation D/S - duration of status.

D/S - duration of status means that the individual may remain in the United States as long as they abide by the regulations governing their status. This includes but is not limited to taking a full course of studies, not working illegally, possessing a valid I-20 at all times.

3. Possessing a Valid Form I-20 . If any changes occur in the information reflected on the I-20, such as your program, academic level, educational institution attended, number and identity of dependents accompanying you, length of your program, etc. a new I-20 must be issued. In such circumstances, please contact the International Students Office. This form must reflect accurate information at all times since it becomes a permanent record of your time in the U.S. Any time you leave the U.S. during your time of study, you MUST get the I-20 form endorsed on the back by a Designated School Official. If the I-20 is not signed you will have difficulty re-entering the U.S. ANY TIME YOU LEAVE THE U.S. DURING YOUR TIME OF STUDY, YOU MUST GET THE I-20 FORM SIGNED ON THE BACK BY A Designated School Official. IF THE I-20 IS NOT SIGNED YOU WILL HAVE DIFFICULTY RE-ENTERING THE U.S.

Unless you plan on leaving the country within sixty days of the I-20's expiration date (indicated in point 5) or the completion of your program - whichever is earlier; you must make other arrangements. Neglecting to do so will result in your status in the U.S. becoming illegal, which can result in deportation and will jeopardize your ability to obtain U.S. visas in the future. If you apply for an American visa later, the consular officer will compare the date of your exit with the expiration date of your I-20. Having your I-20 will be very important. Do not lose it. Failure to have this form will delay your entry into the U.S. in the future. Keep all copies of your I-20 if you are issued a new I-20 for any reason.

4. Full load of classes. The Immigration Service requires that the school notify them if you fail to take a full-load of classes during the academic year (excluding summer), and your student status will then be terminated. A full load of classes at Trinity is defined as follows:

o M.A., M.Div 10 hours per semester

o Th.M 10 hours per semester

o Ph.D 3 courses per semester

"Hours" or "semester hours" are assigned to each course. Courses are generally 3 or 4 hours each with some 2-hour classes offered. Examples of full-time for a Masters student requiring 10 hours per semester may be the following:

3 hour course 3 hour course 3 hour course

4 hour course 3 hour course 3 hour course

3 hour course 2 hour course

10 hours total 12 hours total 11 hours total

For those actively working on a thesis, arrangements can be made to include this as part of the definition of your full course of studies. If you must take less than a full load of classes for any reason, see the International Students Office before the first week of class or you may risk losing your student status.

B. IMMIGRATION PROCEDURES top

1. Program Extension . The date when your authorized stay in the U.S. expires is indicated in point 5 of your Form I-20. If you find that you are unable to complete your program by that date, please contact the International Student Office a minimum of thirty days before the date of expiration. You will need to fill out documents requesting an extension. If you qualify for a program extension, we will issue you a new I-20 with a new expiration date.

2. Transfer to another school . If you are planning to transfer to another school see the International Student Coordinator to have the process explained to you.

3. Transferring from another school. If you are coming from another school in the U.S. to Trinity, please after acceptance into Trinity, you must request a Transfer Form from the International Student Office, fill out the top portion and then give it to the International Student Advisor at your present school. They will complete the form and send it to TEDS along with a copy of your valid I-20, COF and financial documents of support. If they are approved an I-20 will be issued. After you have registered, you will need to come by the International Students Office before the second week of classes to complete the transfer process.

4. Change of status. If you transferred from another school to Trinity and are in a status other than an F-I or F-2, or if you are the spouse of a student (in F-2 status) and are taking courses full-time and would like to work on-campus, you must have your status changed. Please contact the International Student Coordinator for directions on how to proceed.

NOTE: A STUDENT SHOULD NEVER INQUIRE AT THE LOCAL Bureau of Citizenship and Immigration (BCIS) WITHOUT FIRST DISCUSSING THE MATTER WITH THE INTERNATIONAL STUDENTs OFFICE.

C. EMPLOYMENT top

The United States, like all other countries in the world, has laws which govern employment of foreigners. At the time of the original visa application, all international students are required to prove that they have sufficient funds to support themselves (and their families if the family is coming) for their first year of study. The cost of bringing a spouse, and possibly children, to join you in the U.S. are often VERY HIGH. When you are arranging your finances/support keep the estimated cost sheet before you. You must make sure that all your expenses are covered before you finalize plans to come to TEDS. You cannot plan on you or your spouse working in the U.S. to help support your family, as immigration laws prevent it.

It is also illegal for F-1 students or their dependents to engage in exchange of services that would otherwise constitute employment. An example would be babysitting in exchange for living quarters or working at a local church for scholarships. A foreign student or dependent who accepts unauthorized employment is subject to deportation.

1. On-Campus Employment. F-1 visa holders may work on campus for up to 20 hours per week if they are in good academic standing, maintaining full-time study, and do not displace a U.S. resident. They may apply for a position on campus after you have arrived on campus by going to the Human Resources Office. Students may work full-time between semesters and during the annual summer vacation if they enroll for the following term. After completing their studies, however, they may not be employed on-campus unless authorized for practical training. There are job opportunities, depending on availability, in the library, maintenance, computer lab, etc.

2. Off-Campus Employment. Off-campus work requires approval from BCIS and is possible only after the first full year of study at Trinity. There is a process to apply for this permit that must be initiated together with the International Students Office . Unless this permit has been granted by INS, it is illegal for the student with an F-1 visa to accept off-campus employment. If employment permission is granted, the student still must maintain full-time study (with the exception of work permits granted due to the Asian Student Relief Provision) while working up to twenty hours a week while courses are in session and forty hours a week during the summer and between semesters.

Employment authorization ends if the need for employment ceases, if the student fails to maintain status (e.g. is enrolled only part-time), when the current course of study is completed or school transfer occurs. The student may re-apply for off-campus employment once he or she transferred; however, the application will be critically examined since transfer eligibility is conditioned upon being financially able to afford attending the new school. A temporary absence from the U.S. does not end employment authorization provided you return to the same school and level of study.

Individuals on F-2 Visas (i.e. your dependents) are not allowed to work for payment or any exchange for services rendered. There are no exceptions to this rule.

3. Social Security Number. In order to work on or off campus you must have a social security number. The State of Illinois also requires you to have a social security number if you want to open a bank account or obtain a driver's license. Therefore, you should apply for a social security number soon after your arrival. Further information and directions are available at the International Student Office.

If you obtained a social security number during a previous stay in the U.S. you may continue to use that number. You do not need to apply for a new one.

4. Social Security Payments Under the Mutual Education and Cultural Exchange Act of 1961, those on F-1 visas who have received permission to work may be excluded from Social Security coverage. This means that neither you nor your employer have to make Social Security payments. If payment has already been deducted from your wages, your employer may reclaim it by filing Internal Revenue Service form 941C (plus form 843 for payments in previous years), and then refund to you your half of the total payment. Sometimes the delay is very long, and it may be impossible to reclaim what was deducted from your salary.

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For further information, please contact:

Trinity Evangelical Divinity School
International Students Office
2065 Half Day Road
Deerfield, Illinois 60015 U.S.A.
Phone: (847)317-4063
Email: evangeme@tiu.edu

Updated 09/05/2003