Q1:     Does it matter if my passport expires while I am in the United States? 
A:     YES!  Foreign passports must be kept valid as long as possible, because a strict interpretation of U.S. immigration law says that you cannot be admitted to the U.S. for a period which would extend longer than the validity of your passport. 

Q2:     What happens if my visa expires while I am in the United States?
A:     You may stay in the U.S. even after your nonimmigrant visa has expired, as long as your nonimmigrant status is still valid.  You must understand the difference between visa and status.  The visa is your ticket to enter the U.S.  Generally, you need a valid, unexpired visa to be admitted into the country.  When the Immigration officials admit you to the U.S., they will give you an I-94 Departure Record (I-94 card), which is the little white card stapled into your passport.  On this card, they will: (1) stamp the date that you entered the U.S.; (2) write the date until which you are authorized to remain in the U.S.; and (3) write your nonimmigrant category (F-1 student, B-2 visitor, R-1 religious worker, etc.).  Once you are in the U.S., the only use for your visa is to return to the U.S. if you travel abroad.  You are authorized to stay in the U.S. until the date the Immigration officer writes on your I-94 card.  This is called your status.

Q3:     What happens if my status expires while I am in the United States?
A:     If you stay in the U.S. beyond your period of authorized stay, you will be out of status and you will begin to accrue unlawful presence.  You do not want this to happen!  You should always be aware of the date on which your status in the U.S. will expire.  If you know that date is approaching, you should contact your immigration attorney for advice on how to proceed.

Q4:     How long am I allowed to stay in the United States in F-1 student status? 
A:       Generally, when you are admitted to the U.S. in F-1 student status, the Immigration officer will write D/S on your I-94 card, to indicate that you are allowed to stay in the U.S. for the Duration of your Status as a student.  Look at your Form I-20.  If you were admitted D/S, you are allowed to stay in the U.S. until the date in Question 5 on your Form I-20.  However, you must be enrolled in a full course of study at your school throughout this period of time (i.e., you cannot be a part-time student, and you cannot take off a semester).  If you will not complete your studies before the date in Question 5, you may extend your period of authorized stay in the U.S. for one (1) year.  To do so, you must contact the Designated School Official (DSO) of your school at least 30 days before the date in Question 5.

Q5:     Can I work while I am pursuing my studies in F-1 student status? 
A:       Generally, no.  In certain cases, F-1 students can work, but generally, this privilege is reserved for full-time students.  You should contact the DSO at your school to discuss options for seeking employment while you are a full-time student in F-1 student status.

Q6:  Can I receive a living stipend and free room and board while I am in F-1 student status?
A:     Yes.  Although you cannot receive a salary or other monetary compensation for work performed, you are allowed to receive a living stipend and room and board from your school, diocese or religious community while you are in F-1 student status.

Q7:     Can I work if I am in R-1 religious worker status? 
A:     Yes!  Work authorization is inherent in R-1 religious worker status.  When the Immigration and Naturalization Service (INS) grants you R-1 religious worker status, they are effectively saying, You are allowed to work for this sponsoring religious organization in the United States until your R-1 status expires.

Q8:     Can I change employers after I have been granted R-1 religious worker status?
A:     No.  You are only authorized to provide your religious services for the religious organization that sponsored you for R-1 status.  If you want to work for a different religious organization, that diocese or religious community must first seek work authorization on your behalf by filing a petition with the INS. 

Q9:     Can I pursue my studies at the seminary if I am in R-1 religious worker status? 
A:     Yes, you may pursue your studies, so long as your studies are incidental to the pursuit of your religious vocation.  Your primary reason for being in the United States must be to carry on your religious vocation for your sponsoring religious organization.

Q10:     How long am I allowed to stay in the United States in R-1 religious worker status? 
A:     Under U.S. immigration law, you are allowed to spend five (5) years in the U.S. in R-1 religious worker status.  After you have been in the U.S. in R-1 status for five years, you must spend a complete year outside of the U.S. before you can re-apply for R-1 religious worker status.  Then, you will be eligible for another five (5) years in R-1 status.

Q11:     Must I register for Selective Service (to serve in the American armed forces)? 
A:       Normally, males between the ages of 18 and 26 who are living in the U.S. must register for the Selective Service.  However, if you are in the U.S. in lawful nonimmigrant status (F-1, B-2, R-1, etc.), you are exempt from this requirement.  Please note that if you become a U.S. Permanent Resident before your 27th birthday, you must register for the Selective Service.

Q12:     Should I file a tax return?
A:     If you are working and receiving a salary or other financial compensation for your work, you may have to file a tax return and pay taxes on your income.  You can contact your local Internal Revenue Service (IRS) office to get a copy of IRS Publication 517, which was written especially for religious workers.  Your employer should also be able to explain your tax obligations.  Failure to file taxes when you are obligated by law to do so can have serious immigration consequences if/when you want to apply for permanent resident status.

Catholic Legal Immigration Network, Inc.
Division of Religious Immigration Services
McCormick Pavilion
415 Michigan Avenue, NE
Washington, DC 20017
Ph: 202-756-5549
Fx: 202-756-5547