Purdue's Office of International Students and Scholars is closely monitoring information about the Presidential executive orders and the impact they may have on the international community at Purdue.
As we receive more information and guidance, we will update this page.
Please be aware that ISS is not authorized to provide advice beyond the scope of the information contained on this page. If, after reviewing this information, you still have questions, please consider contacting a licensed, legal professional knowledgeable in immigration law. Visit USCIS for more information.
Disclaimer: The information and resources listed on this page should not be construed as legal advice.
Emergency Visa Appointments
Students are eligible for emergency visa appointments, however they may not request an emergency appointment more than 60 days before their academic program begins or resumes. Information regarding how to request an emergency appointment is available on the U.S. embassy or consulate website where they will apply for the visa. Emergency appointments are not guaranteed.
Your formal admission letter combined with your I-20/DS-2019 demonstrate the last date of arrival to begin or resume your academic program.
The Five Month "Rule"
It is important to understand that there is a difference between being outside the United States for an authorized temporary absence during a break in studies, and otherwise maintaining status while outside the United States for more than five months.
As long as students are otherwise maintaining their visa status while they are outside the U.S. and there is no gap in their status, the five month "rule" does not apply. Examples of maintaining status while outside the U.S. include participating in official study abroad programs; conducting research in absentia; or now under this special exception continuing to pursue coursework online full-time toward the degree objective.
The simple but important point is, as long as there is no break in studies as per the special exception adaptations currently approved, if students choose to exit the U.S. to complete the Spring semester via online coursework, they are considered to be maintaining status.
Students who are unable to return for the fall semester, may be at risk with regard to the five month rule, however we will provide guidance on next steps should this occur.
Additional supporting information is below for your reference...
8 CFR 214.2(f)(4) Temporary absence. An F-1 student returning to the United States from a temporary absence of five months or less may be readmitted for attendance at a Service-approved educational institution, if the student presents:
(i) A current SEVIS Form I-20 (or, for readmission prior to August 1, 2003, a current Form I-20ID which was issued prior to January 30, 2003), properly endorsed by the DSO for reentry if there has been no substantive change to the most recent Form I-20 information; or
In 2005 The United States Department of State issued guidance* to "All Diplomatic and Consular Posts Collective" under the subject: Validity of Student Visas subsequent to a Break in Studies [our emphasis].
The relevant guidance from the directive is provided below:
Summary: This message is to clarify the issue of whether a F-1 or M-1 visa remains valid after a student has a break in studies longer than five months. There are two circumstances where a student's visa is automatically invalidated after such a lengthy break.
Students who are not studying but remain in the United States are subject to the five month rule.5. Students who are enrolled in schools in the United States will often take a break from studies and return home for a semester or more. When a student has been out of the country for more than five months [during a break in studies], the student's F-1 or M-1 visa would be considered to be invalid under 22 CFR 41.122(h)(3).
6. Under DHS regulations (8 CFR 214.2(f) (4)), an F-1 student returning to the United States from a temporary absence [break in studies] of five months or less may be readmitted for study upon presentation of a valid I-20. After an absence of more than five months, an alien is no longer admissible as a continuing student. Under 22 CFR 41.122(h)(3), an immigration officer is authorized to physically cancel a nonimmigrant visa of an alien who appears to be inadmissible. Because a student who has been out longer than five months can be found inadmissible, that student's F-1 or M-1 visa is subject to cancellation and should not be used, even though it remains valid on its face. A student who wishes to resume study in the United States must obtain a new visa. In order to apply, the student should either obtain a new I-20 from the school or verify that his/her previous I-20 remains valid and SEVIS record is in active status before applying for a new F-1 or M-1 visa.
7. Students who have the approval of their schools to take an extended break from study must have their SEVIS record terminated for Authorized Withdrawal. When the student is ready to resume study, the school will issue the student a new initial Form I-20 wia new SEVIS number. These students must pay the
SEVIS I-901 fee.
8. Some students depart the United States for extended periods of time for activities related to
their course of study, such as field research. Schools are expected to maintain those students in an active SEVIS status. Since these students continue to maintain their student status while overseas, their F-1 visas are not considered to be invalid after an absence of more than five months.
*UNCLASSIFIED STATE 00232385
R 281944Z DEC 05
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
ISS cannot provide legal advice related to this topic, but here we offer some excellent resources intended to inform those affected in our Boilermaker community, and that will lead to other resources which may be helpful.:
Immigrant Legal Resource Center: What Do I Need to Know About the End of DACA
NAFSA: DACA Resource Page
The following information was published on the NAFSA Association for International Educators on March 10, 2017. Excerpts are posted below for your reference and convenience. The full text of the notice can be found here: https://www.nafsa.org/professional-resources/browse-by-interest/nafsa-practice-advisory-review-requirements-carry-immigration-documents-and-report-address-changes
Nonimmigrants and lawful permanent residents must make sure to do these two things. The penalty for not doing so can be severe, under long-standing laws.
As the Department of Homeland Security (DHS) intensifies its immigration compliance efforts, advisers should review these two important requirements with their students and scholars. This NAFSA advisory provides some helpful background.
F and J visa holders compliance with address reporting requirement through SEVIS
Students and exchange visitors in F, M, or J status must comply with their address-change reporting obligation by notifying the P/DSO or A/RO of their school or exchange visitor program of an address change within 10 calendar days of the change. The F-1 or M-1 school must then update SEVIS with the new address within 21 days of receiving the new address information from the F-1 or M-1 student; J exchange visitor programs must update SEVIS with this information within 10 business days of receiving the new address from the exchange visitor. [see 8 CFR 214.2(f)(17); 8 CFR 214.2(m)(18); 8 CFR 214.2(j)(1)(viii); 22 CFR 62.10(d)(3)-(4)]
Students: To report and/or update your address with ISS, please go to https://connect.iss.purdue.edu click the blue log in button, and enter your Purdue credentials to log into myISS. Once you are logged into the portal, please expand F-1 and J-1 Student Services, and click Address Update (U.S. Residential).
Another requirement, related to the "registration" requirement, is that aliens living in the United States for 30 days or longer must report to USCIS any change of address, within 10 days of the address change. [INA 265(a); 8 CFR 265.1]
The law also provides for rather severe penalties for failing to notify USCIS about an address change. INA 266(b) states:
"Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice [of an address change] to the Attorney General, as required by section 265 of this title, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 265, shall be taken into custody and removed in the manner provided by chapter 4 of this title, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful."
International students, scholars, faculty, and staff are an important and valued part of the Purdue community. ISS is committed to providing assistance and support to our international community.
AILA Know Your Rights Publications (As published by NAFSA)