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22-Jan-2001 05:02 AM

leaving US before I-20/I-539 is issued

student101

hi...

I came to the US under a B2 visa and I applied for I-20/I-539 since I decided to go to school. However, there has been a backlog with INS and they have notified me that it will take a year before an approval/denial of my I-20/I-539 will be issued. I already finished first semester of school and I plan to take a break for the second semester due to pregnancy.

Is it possible for me to take a break but will still stay in the US?

If I leave US, what will happen to my pending application?

22-Jan-2001 08:49 PM

Re: leaving US before I-20/I-539 is issued

Serge

It doesn't really matter if your application gets
approved before you leave or not. Once you leave
the US you will have to get an F-1 visa from an
American Consulate in your country. F-1 status is
not a visa, so you'll need to get a visa in any case.

I don't know about pregnancy. There's a chance it
could count as a medical reason to take a break...
Ask your advisor about that. I'll try to research this,
too.

28-Jan-2001 01:53 AM

Re: leaving US before I-20/I-539 is issued

Serge

Well, I've done some research. Here'se some good news. It looks like pregnancy can qualify as a medical condition. However, it depends on your student advisor.

I found the following information on the Inter-L, a mailing list for intl. student advisors. An advisor posted a question about a pregnant student and here's her summary of the answers:

------------Quote-------------
"Thank you for the numerous helpful replies to my question
about an F-1 student due to have a baby in March. My
question was:
One of our F-1 students is due to have a baby in March,
halfway through the spring semester, and she doesn't think
she'll be able to take classes in the spring. The F-1
regulations allow a student to interrupt or reduce the full
course of study for "illness or other medical conditions,"
but I wasn't sure whether pregnancy is considered a medical
condition in this sense.

Several respondents indicated that pregnancy does not
qualify under this regulation, and one noted that a student
had to return to her home country once it was determined
that pregnancy was not an illness preventing completion of a
semester. However, the majority of respondents said
pregnancy was definitely a qualifying medical condition.
Most advised having the student obtain a letter from her
health care provider recommending that she not be enrolled
in classes for Spring semester (or for a given number of
months that covers the semester) due to her pending
delivery.

A few additional suggestions were: to have the student
enroll in at least one hour or one independent study course
so that insurance does not become an issue; to create a
Memorandum of Understanding stating that I am certifying the
student to be in status, so that this is well documented in
case it becomes an issue in the future; to discuss with the
student whether it is realistic to expect that she will
return full-time in the fall; and to endorse the back of the
student's I-20, certifying her in good status, as follows:
"Student's name" is certified in lawful nonimmigrant status
for the XXX/2000 semester for the following regulatory
reason: 8 CFR 214.2(f) (5) (iv) (due to pregnancy).

I am so grateful for the help of INTER-L members who have
answered the various questions I have asked. Thanks to all
of you who are so generous with your time and expertise.

Sincerely,
Diane

Dr. Diane H. Miller
Coordinator, Office of International Students
Brenau University
One Centennial Circle
Gainesville, GA 30501 "

---------------Unquote-------------------

As you can see your condition may qualify as a medical reason not to attend the school, but it depends on your advisor, as usual. To let your advisor learn more on the subject show her the following link (it's from Inter-L, an official mailing list for intl. student advisors):

http://manitouheights.org/inter-l/2000/Oct/0321.html

There's also an interesting message that mentions the subject in-passing:

http://manitouheights.org/inter-l/2000/Oct/0020.html

Good luck!

[ This message was edited by: Serge on: 1-22-2001 22:20 ]

[ This message was edited by: Serge on: 1-28-2001 02:49 ]

28-Jan-2001 02:08 AM

Re: leaving US before I-20/I-539 is issued

Serge

By the way this is what "8 CFR 214.2(f) (5) (iv)" is:

"Illness or medical conditions. A student who is compelled by illness or other medical conditions to interrupt or reduce a full course of study is considered to be in status during the illness or other medical condition. The student must resume a full course of study upon recovery."

This is straight from the INS site.

02-Feb-2001 05:12 AM

Re: leaving US before I-20/I-539 is issued

student101

thanks serge for your research and good news!

I spoke with our student advisor and she said our college allows foreign students to get a single semester break due medical reasons including pregnancy. But I need to provide a certificate/proof of pregnancy from my doctor's office for their files.

But the policy is, the student should return to school in the next semester. If not, he/she would have to go back to their country.

Thanks again!

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