Maintaining F-1 status is usually straightforward. However, there are exceptional situations where an F-1 student might have their records on SEVIS terminated, jeopardizing their U.S. stay. This article broadly discusses causes for student record termination and potential solutions in the form of reinstatement and reentry.
Terminating Student Records
When someone is admitted to the United States as an F-1 student, they are usually given an entry stamp with the label “D/S,” which stands for “duration of status.” With this entry stamp, the F-1 student is allowed indefinite stay in the U.S. until they complete their studies or violate the terms of their F-1 visa.
There are several ways to violate terms of the F-1, such as:
- Maintaining less than a full course of study, unless authorized by the school;
- Working without authorization;
- Transferring to another school without permission;
- Failing to complete course of study; and
- Staying out of the U.S. for 5 months or more while not enrolled.
Students are strongly advised to speak with their DSO about maintaining F-1 status. Many schools have dedicated webpages and flyers on the subject.
If violation occurs, student’s records are terminated on SEVIS. There is no grace period, so students must immediately apply for reinstatement or leave the U.S. It’s worth noting that until immigration authorities issue a formal finding, the student does not acquire unlawful presence. This technical detail can become important if the student ever plans to immigrate.
If a student’s SEVIS records have been terminated, there are usually two ways to deal with potential loss of F-1 status. The first is reinstatement, where the student attempts to get their SEVIS records reinstated.
Reinstatement Eligibility
Reinstatement has long list of eligibility requirements. Let’s start with the simple ones. Student should try to reinstate within five months of records termination. If they waited longer than five months, they will need to establish that the delay was caused by reasons beyond their control. Students cannot have worked without authorization. They must be pursuing or intend to pursue a full course of study. They must not have repeated or willful violations. They may not be deportable for any reason other than failing to maintain F-1 status.
In addition to the eligibility factors above, student must try to establish one of two things. First, they must be able to explain that F-1 violation came from circumstances beyond their control, such as illness, natural disaster, school closure, or some form of neglect or wrongdoing by a DSO.
Alternatively, if the violation occurred because the student dropped their course load below a full course of study, the student can instead establish two things. First, the course load reduction could’ve been authorized by the DSO. Second, not granting the reinstatement would cause extreme hardship to the student.
Reducing Course Load with DSO Authorization
Students should typically maintain a full courseload, but they may reduce it with DSO’s authorization in limited circumstances. For example, if the student struggles with the studies due to the wrong course level, unfamiliar with language and culture, or inability to meet the reading requirements, their coursework may be reduced for a limited time.
Other situations include illness, part-time commute for students from Mexico or Canada, and helping a student nearing the end to complete course of study.
Extreme Hardship
“Extreme hardship” is a term often seen in U.S. immigration law, especially as related to waivers that forgive certain limited violations. It can be a somewhat loose and subjective term – whether a hardship is “extreme” is often left to USCIS’s discretion.
In the F-1 context, extreme hardship can be related to finance. For example, if the student cannot complete the degree, they will not be able to build a career to feed their family. Alternatively, maybe the student’s current school is the only one in the world to offer course on a specific subject, and the student needs to complete studies to accomplish an important goal. There are many more possible extreme hardship scenarios.
Presenting extreme hardship for each reinstatement case is a potentially complex challenge. Students who struggle to present a clear extreme hardship narrative, or who wish to strengthen their case, should seek help from immigration lawyers.
Reinstatement Process
Applying for reinstatement starts with a conversation with the DSO. If the DSO agrees to assist, they will issue a new I-20 form for the student’s signature. The student, often assisted by attorneys, then submit the form I-539 along with I-20 and other supporting documents to USCIS.
These supporting documents will vary depending on student’s personal situation, but should always include a signed statement by the student fully explaining why the violation occurred. Other documents might include evidence demonstrating the circumstances outside of the student’s control that compelled the F-1 violation, evidence of extreme hardship should reinstatement be denied, and anything else that might help the student’s case.
Once the I-539 is submitted, student may continue to pursue their studies, but are barred from other F-1 benefits such as authorized work. If USCIS approves the I-539, student will be notified. DSO will help student re-register to the program. If denied, student and any of their dependents will need to depart the U.S. Their current F-1 visa may become void.
Leaving the US and Return
If reinstatement is not an option, students may consider leaving the country and seeking readmission at US customs. They will need to pay a fee to obtain a new I-20 before departure. This option may not be as laborious as reinstatement in certain situations, but students do face various risks. If student’s F-1 Visa expired, they will need to apply for a new one, which exposes them to possible consular delays and a difficult appointment where they may have to explain their circumstances. Even if a new F-1 visa issued, student can face additional questioning, even possible rejection, at U.S. customs. For those who are close to completing their studies, a new I-20 means another one full academic year before being eligible for OPT.
Conclusion
Maintaining F-1 status while meeting student’s various needs can get complicated. Fortunately, many schools have well-staffed international students’ office that can assist in these matters. If you require assistance with filing I-539 reinstatement, especially if the background facts are complicated, consider working with an immigration lawyer.
Shiao PLLC is an immigration law firm based in Washington, D.C. We emphasize honesty and thoroughness to deliver the best results for our clients. If you need immigration help, contact us.