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Maintaining Legal Immigration Status at All Times

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) established severe penalties for anyone who falls out of immigration status. You are responsible for maintaining legal visa status while in the U.S. Your legal status in the United States expires at the time your employment is terminated by Tufts University or by the expiration date specified on your visa document, whichever comes first. 

The expiration date can be determined by referring to the expiration date listed on Section 3 of the Form DS-2019 (if you're in J-1 status); the expiration date on your H-1B1 Approval Notice, Form I-797 if you are in H-1B1 or O-1 status and; the expiration date listed on your I-94 card if you are in TN status. If you are working based on an Employment Authorization Document (EAD), refer to the expiration date on the EAD card. But again, the expiration date is determined by either the dates specified above or by your last official date at Tufts University, whichever comes first. 

Effective April 1, 1997, an individual who has allowed his/her non-immigrant visa status in the U.S. to lapse for six to twelve months will be barred from admission to the U.S. for three years. Individuals who have allowed their non-immigrant legal status in the U.S. to lapse for more than one year will be barred from admission for ten years. Individuals arriving at ports of entry without the correct documents who are ordered removed, can be barred from admission to the U.S. for five years. 

TRAVEL - If an individual has allowed his/her status in the U.S. to lapse, even if only for one day, that person's consular visa is null and void and can be reissued in the home country ONLY. Since many consular officials will be unable to determine whether an individual has always maintained visa status while in the U.S., they may find it an easier alternative to send the applicant back to the home country to apply for a new visa. Therefore, it is crucial that you never allow yourself to fall out of legal visa status. 

MINOR DEPENDENTS ATTENDING PUBLIC SCHOOLS IN THE U.S. - Elementary and secondary school students are not authorized to attend public schools in the F-1 student status. It is important to note that children of students who are in F-2 and J-2 status are not affected by this provision. Children on an F-1 visa who are studying in a public school or publicly-funded adult education program are responsible for the tuition costs of the education and must reimburse the school system. Additionally, if the child remains on an F-1 visa in a public school for more than 12 months, s/he will be barred from staying in the U.S. as a student for a period of 5 years even if the public school has been reimbursed for the tuition costs. 

ACCEPTING PUBLIC ASSISTANCE - Any non-immigrant student and/or faculty/scholar who accepts any public assistance from a local hospital or from any public agency will jeopardize his/her non-immigrant visa status.