Maintaining F1 Status with SEVIS in-person classes rule

USA
1

Hi Anil

My daughter is on F1 and completed her graduation in May 20. With an intent to continue her studies by changing educational level she did not opt for OPT.

She got admission in new course for Fall 20 and was issued I-20. In view of the rising COVID cases, the classes are expected to be online.

The recent guidance by Sevis stipulate that those attending online classes should return to their home country, else they would be considered violating Visa terms and out of status.

But for this new guidance, she would have been enrolled in new course within 5 months of her completing previous course.

My question is, since she has already completed 60 days grace period, will she be considered as ‘overstayed’ in case she is constrained to return home eventually?

If so, is there any way out to avoid this situation (other than attending in-person classes)?

3

She would be considered ‘out of status’ if she stays in the US if her classes are going to be all online for Fall 2020.

There is a court case pending decision and it is expected that court may give a stay order sometime today.

So, i suggest to wait until a final decision is made. The chances are high that students will be allowed to continue taking online classes within the US.