Legal Rights and Responsibilities of International Students in the USA

Navigating the complexities of visas, academic regulations, and everyday legal matters can be challenging, but being informed can help you avoid common pitfalls and ensure you remain in compliance with US laws and university policies.

Understanding Your Visa
The first step in understanding your legal status is to familiarize yourself with the terms of your student visa. Most international students in the USA hold an F-1, J-1, or M-1 visa, each with specific conditions and restrictions. The F-1 visa is the most common for academic studies, requiring students to maintain full-time enrollment, make satisfactory academic progress, and work only within the limitations set by their visa, typically on-campus employment up to 20 hours per week during the academic year. The J-1 visa is for exchange students and scholars, with similar requirements to F-1 students, plus additional responsibilities such as maintaining adequate health insurance and participating in cultural exchange activities. The M-1 visa is for vocational or technical training, with stricter work restrictions and a specific timeframe for completing studies.

Maintaining your legal status
To maintain your legal status, you must comply with several requirements. Full-time enrollment each academic term is mandatory, and if you need to drop below full-time status, you must seek approval from your Designated School Official (DSO). Always keep your passport valid for at least six months into the future, and ensure your I-20 or DS-2019 form is up-to-date. Report any changes in your address, academic status, or personal information to your DSO within 10 days. Adhere to the employment restrictions of your visa, as unauthorized employment can result in severe penalties, including termination of your student status. If you plan to travel outside the USA, ensure your visa is valid for re-entry and get your I-20 or DS-2019 signed by your DSO.

Legal Rights
As an international student, you have several rights under US law. You are entitled to the same protections and freedoms as any resident, including freedom from discrimination and harassment. Your educational and personal information is protected under the Family Educational Rights and Privacy Act (FERPA). Within the limitations of your visa, you have the right to seek on-campus employment and apply for practical training opportunities such as Optional Practical Training (OPT) or Curricular Practical Training (CPT). If accused of violating laws or university policies, you have the right to due process, including the right to a hearing and to appeal decisions.

Responsibilites
In addition to maintaining your visa status, you have several responsibilities. Follow all university policies, including those related to academic integrity, conduct, and campus regulations. Abide by all local, state, and federal laws, as violations can have serious consequences, including legal action and deportation. Ensure you have adequate funds to cover your tuition, living expenses, and any other costs, as financial difficulties can impact your visa status. Many universities require international students to have health insurance, so ensure you have adequate coverage and understand your policy.

​If you encounter legal issues or have questions about your rights and responsibilities, seek assistance promptly:

• Designated School Official (DSO): Your DSO is your primary resource for visa-related matters and can provide guidance on maintaining your status and complying with regulations.
• International Student Office: Most universities have an international student office that offers support services, including legal advice, workshops, and resources.
• Legal Aid: If you need legal assistance, many universities offer legal aid services or can refer you to local legal resources.
• Support Networks: Connect with international student organizations and support networks on campus. These groups can provide valuable advice and support.
  
  

Understanding and adhering to your legal rights and responsibilities as an international student is essential for a successful and enriching experience in the USA. By staying informed and proactive, you can focus on your studies and enjoy your time abroad with confidence and peace of mind.