Key Takeaways

• D/S stands for “Duration of Status,” meaning your lawful stay is tied to compliance with the terms of your visa—not a fixed date.
• The I-94 form is your official arrival/departure record; always download and verify it after every U.S. entry.
• Falling out of status—even by accident—can trigger severe bars (3- or 10-year) on re-entry. Keep meticulous records and act quickly if errors appear.
• Options such as reinstatement or a timely transfer to another program can rescue your status if something goes wrong, but speed is critical.
• Engaging a qualified immigration attorney early often saves money, time, and future immigration headaches.

2. Understanding the I-94 Form

Why it matters: Your I-94 is regularly requested when you apply for a Social Security number, driver’s license, work authorization, change of status, or green-card adjustment. A single typo can cause cascading delays, so verify your record immediately after every entry.

3. Importance of “D/S” in Immigration

Because D/S places the time-limit responsibility on you, it offers crucial advantages:

• Flexibility for students & scholars: Academic timelines often change. D/S lets you extend your program, pursue optional practical training (OPT), or transfer schools without leaving the country.
• Simplified travel: Unlike visa types with a hard “admit until” date, you can re-enter as long as your visa stamp is valid and your program is in good standing.
• Grace period benefits: Most F-1 and J-1 holders receive 60- and 30-day grace periods, respectively, after program completion to prepare for departure, transfer, or change of status.

4. How “D/S” Affects Your Immigration Status

Your immigration status hinges on three pillars: (1) activity compliance (full-time study or exchange participation), (2) timely updates (address changes, school transfers, level changes), and (3) employment authorization (on-campus, CPT, OPT, or Academic Training). A violation in any of these areas ends your lawful stay immediately – even if your visa stamp reads 2026.

5. Duration of Stay Under “D/S”

The practical length of your stay is determined by your Form I-20 (for F-1/M-1) or DS-2019 (for J-1). Whenever those forms are properly extended or shortened in the government’s SEVIS database, CBP automatically honors the new timeline—no need for a new I-94.

Common scenarios affecting duration include:

• Program Extension: Additional semesters or research phases are routine as long as you apply before the current end date.
• Reduced Course Load: Medical conditions or final-semester eligibility allow a lighter course load with DSO approval.
• Authorized Leave: Temporary leave outside the U.S. pauses your SEVIS record; coordinate closely with your school.

6. Consequences of Overstaying “D/S”

Because there is no explicit date to track, it can be deceptively easy to fall out of status. Consequences include:

• Automatic Termination in SEVIS: Once your record is terminated, you immediately begin unlawful presence.
• 3- & 10-Year Bars: Accumulating 180–364 days of unlawful presence triggers a 3-year re-entry bar; 365 days or more triggers 10 years.
• Ineligibility for Reinstatement or Change of Status: Certain benefits require you to be in status at the time of filing.

Bottom line: If you suspect a status lapse, act within 5 months (the reinstatement filing window) or consult counsel asap.

7. Reinstatement After Falling Out of Status

Reinstatement restores your F-1 or J-1 status without leaving the United States. To qualify, you must:

1. File Form I-539 (plus the I-901 SEVIS fee, if required) within 5 months of falling out of status or show compelling reasons for delay.
2. Demonstrate no willful violation of status and that failure was beyond your control (e.g., illness, DSO error).
3. Prove you are pursuing or intend to pursue a full course of study.

Processing times vary (4–12 months). During this period, you cannot work and should refrain from travel.

8. Employment Considerations (CPT, OPT, STEM OPT)

Employment is often the #1 pitfall for D/S holders. Key points:

• CPT (Curricular Practical Training) must be an integral part of your curriculum and authorized before you start work.
• OPT requires Form I-765 approval from USCIS; you may not work until you have the EAD card in hand.
• STEM OPT Extension adds 24 months but mandates E-Verify employers, Form I-983 training plans, and 6-month self-evaluations.
• Unpaid internships can still violate status if they replace a paid role that would otherwise require authorization.

10. When to Seek Legal Help

Navigating the complexities of immigration law can be daunting, especially when faced with intricate issues such as out-of-status periods, multiple attempts at reinstatement, or aspirations for permanent residency. In these situations, it is crucial to consult a licensed immigration attorney who specializes in immigration matters. An experienced attorney can provide invaluable guidance tailored to your unique circumstances, helping you understand your rights and options.

Seeking legal assistance early in the process can significantly impact your case. Early intervention often leads to a broader range of options and can help mitigate potential complications that may arise later. Additionally, addressing issues promptly can result in lower legal fees, as resolving problems before they escalate is generally more cost-effective.

If you find yourself uncertain about your immigration status or the steps you need to take, do not hesitate to reach out for professional help. An immigration attorney can assist you in developing a strategic plan, ensuring that you are well-informed and prepared for each stage of your immigration journey. Remember, the sooner you seek legal advice, the better positioned you will be to achieve your immigration goals successfully.

Frequently Asked Questions