Is it illegal for you to stay in the US with an expired F1 visa but the I-20 form?
I have a friend. His F1 visa has been expired for a year, but his I-20 form is still working. Is it illegal for him to stay in the US? Which one, the visa or the I-20 form, is more important during your stay?
Thanks for your answers.
I'm not that friend. I'm an exchange student so there is no wrong with my visa status. I and that friend are having an argument. He enrolls in a Private High school now. His I-20 is lasted for 2 more years but his F-1 visa is out-of-date. He is sure that he is still illegal, but I am not. So I need your opinion.
A-Best: Actually, a foreign student can only attend a public high school for 1 year. They can do all 4 in a private high school. Assuming the private school is properly registered with USCIS and can issue an I-20, it should be fine. He really needs to check with his school administration to be sure.
Edit: A person's legal status in the US is not directly tied to the visa validity. The visa validity only means that it has to be used by that date, or in the case of a multiple entry visa, up to that date. If he left the US now, he'd need a new visa to return. He could be still be in status, or not, depending on whether his new school filed the proper registration for him with USCIS.
A: Is he enrolled in school as a full time student in compliance with the terms of his visa?
*******You're right, he's illegal. He's OUT OF STATUS. A high school student can only attend class in the USA for 1 year.
A: Visa is for travel I-20 proves status. check with your International Office. You need a current visa to reenter the USA. So a valid I-20 is good for stay and status.
A: Oh...we already know you're that "friend". *Wink, wink.* ;)
A: *** the I-20 what matters not the visa tho . as long as his I-20 is valid , his stay is 100% legal , guaranteed .