What are my rights if I I’m an international student with F1 visa status?

After the graduation I’m planning to travel to Canada. My questions are following: First, will I continue to officially hold F1 status during the grace period or the status will change after the graduation. Second, I have a knowledge that F1 students are eligible to travel to Canada during the studying period. Can same policy be applied to students, who just finished college and on the grace period. Third, can I travel in stated circumstances with valid international passport but expired F1 visa.Fourth, If I’d travel to Canada after the graduation for how long maximum I’ll be eligible to stay there? Fifth, after the departure to Canada during the grace period I can’t return to the US

Asked on April 29, 2014 under Personal Injury, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The requirements for an F1 Visa are as follows:

     You must be attending an academic institution or a language-training program;

  • You must be enrolled as a full-time student;
  • The school must be approved by the USICE (U.S. Immigration and Customs Enforcement) to accept foreign students;
  • You must show sufficient financial support to complete the study;
  • You must prove that you do not intend to abandon your foreign residency.

After the program of study ends you have 60 days to depart the United States or get a new visa. If you have graduated and go to Canada from the United States on a proper visa Canada, your F1 Visa's 60 day grace period after graduation is running in the United States has ended and technically you are not allowed to return on such a visa if the 60 day period from gradauation has run.

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