Regain Legal Status

In order to regain your status through international travel, ISSS must issue you an initial I-20 with a new SEVIS ID number.

• Submit the Regain F-1 Status eform in InterLink located under F-1 Student Services.
  • Be prepared to submit recent documentation of funding. Please refer to the Estimated Expenses for Study for guidance on the amount.
  • Make sure you are registered full-time with sufficient face-to-face coursework for the upcoming semester.

• Pay the SEVIS fee.
  • After the initial I-20 is created, pay the SEVIS fee for your new SEVIS ID number.
• Depart the U.S.
  • You are not required to travel to your home country, but you must make sure you have the needed documentation for entry if traveling elsewhere.
• Apply for new visa if needed.
  • This is a reminder that your old visa is attached to your previous SEVIS ID number, not your new record. This can sometimes cause questions and scrutiny from the Customs officer at the port of entry.
  • If you apply for a new F-1 visa, allow sufficient time. You will have to submit the I-20, documentation of your financial support, official academic transcript, SEVIS fee receipt, and evidence that you intend to return to your home country at the conclusion of your studies in the US (i.e., ties to your home country). Before your visa interview, you will need to pay the visa application fee and fill out Form DS-160. This is a reminder that certain factors can cause increased scrutiny, such as previous violations of status and academic performance (low GPA).
• Re-enter the U.S.
  • You may not enter the U.S. more than 30 days before your program start date (generally the first date of the following semester if traveling over break).
  • This is a reminder that the Customs officer will be evaluating your admissibility, meaning they could ask questions, should they notice your previous loss of status.
• Complete document check within one week of entering the U.S.
  • Submit the Arrival and Document Upload form in InterLink. This form may be submitted in advance of your return.
  • Update or confirm your local U.S. address in Banner Self-Service.
  • After you have returned to the U.S. and both steps above are completed, an ISSS advisor will register your new SEVIS ID number. Reminder, SEVIS registration is time sensitive.

Future Implications

Please be aware that there are risks. You should discuss this option in depth with an ISSS advisor before making your decision to regain status through travel. The Customs Officer will evaluate your admissibility to enter the U.S.; approval for entry is not automatic.

International Travel

• Even if you are successful in regaining status through travel, your previous SEVIS record’s termination may show up in government databases and could cause you to be questioned during future travel such as when you are applying for a visa or are trying to re-enter the U.S. or if you later pursue specific benefits or residency.

Work Authorization

• You will not be eligible for certain F-1 benefits, such as Curricular Practical Training or Optional Practical Training, until you have been back in status for at least one academic year.

Reinstatement is the process in which you submit documentation to the U.S. government (USCIS) asking to be reinstated back to your F-1 status and original F-1 SEVIS ID number. Keep in mind:

• Reinstatement requests generally take several months to be adjudicated. Review USCIS's processing times. Reinstatement requests cannot be expedited.
• You cannot depart the U.S. while your reinstatement application is pending. Leaving the U.S. will result in a denial of your reinstatement request.

How to Regain Status Through Reinstatement

• Meet with an ISSS Advisor to discuss how to submit the reinstatement application.
• Submit the Regain F-1 Status eform in InterLink located under F-1 Student Services.
  • Be prepared to submit recent documentation of funding. Refer to the Estimated Expenses for Study for guidance on the amount. In addition to your financial statement, consider evidence you might provide, such as your current Miami bursar balance and proof of tuition payment as well as past payment history. If your studies are funded by a sponsor, consider a signed letter or affidavit from your sponsor certifying their support, foreign currency conversion, and documentation of how you access those funds such as wire transfer, etc.
  • Make sure you are registered full-time with sufficient face-to-face coursework for the current or upcoming semester. Be prepared to submit a screenshot showing class registration at Miami. Make sure your class registration indicates modality.
  • A photocopy of the page(s) from your passport showing your photo and identification information, and showing your passport expiration date
  • Form I-94 information. Visit U.S. Customs and Border Protection to retrieve your Form I-94 number.
  • A photocopy of the visa page from your passport (optional but recommended)
• If you are working with an attorney, it is your decision whether you submit the remaining reinstatement application materials to ISSS.
  • Completed Form I-539
  • Create a USCIS account
  • Note your draft application will only be available for 30 days if no edits or actions are taken on it.
  • If there is a co-applicant included in the application, see instructions below for filing by mail
  • Photocopies of all previous I-20s issued to you by Miami or other schools for your terminated SEVIS ID number, if applicable.
  • Official Transcript from Miami and/or previous schools attended under the terminated SEVIS ID number
  • A detailed letter from you explaining:
    • Why are you out of status
    • How being out of status was due to circumstances beyond your control
    • That you filed for reinstatement as quickly as possible under these circumstances
    • How failure to reinstate you could result in extreme hardship
    • You are enrolled for the current or upcoming term
    • An apology and a statement of the steps you will take to ensure this problem does not happen again.
• Meet with an ISSS advisor for feedback on your request and documentation
• After your request is submitted and complete, ISSS will issue the following documents:
  • A letter from an ISSS advisor recommending reinstatement
  • I-20 recommending reinstatement
  • You must print and sign the document in ink.  Do not electronically sign. Sign above your name on the first page and date.
• Once you receive your documentation from ISSS, you are ready to file your application in your USCIS online account.
• Make Required Payment and Submit Application
  • Non-Refundable Government Application Fee: The online filing fee is $420. To verify the current fee amount, visit I-539, Application To Extend/Change Nonimmigrant Status.
  • SEVIS Fee Payment
  • If more than five months have passed since you lost F-1 status, you will also need to pay the SEVIS fee again and provide an explanation that demonstrates failure to apply within 5 months was a result of exceptional circumstances in your personal letter.

Special Note: The process above provides information on how to file for reinstatement online. Students with co-applicants (dependents) are required to file by paper and should discuss this process with ISSS.  Each co-applicant included in the application must submit and sign a separate Form I-539A. Parents or guardians may sign on behalf of children under 14. If you file by paper and want to receive an email or text that the USCIS has received your application, include the Form G-1145, available here. Be sure to attach this form to the first page of your application packet. Note the the fee for filing by paper (mail) is $470

Next Steps After Submission

• Email I-797 Receipt Notice to ISSS at International@MiamiOH.edu
  • ISSS must receive your receipt notice within 6 weeks or less of issuing your reinstatement I-20. Failure to email the receipt notice to ISSS will result in the cancellation of your reinstatement I-20.
• Check the Documents tab in your USCIS online account weekly for updates. Make sure to check for any new documents, such as a Request for Evidence. Keep ISSS informed about your case status.
• Follow all F-1 student enrollment guidelines, including sufficient total and in-person registration each semester while your reinstatement is pending. Failure to properly enroll will result in the termination of your reinstatement I-20.
• Notify ISSS when you receive a decision.

Future Implications

While it is ISSS’s hope that your reinstatement application will be approved, please be aware that there are risks if your application is denied.

• Your current F-1 visa will be revoked
• All future U.S. visa applications must be submitted to the U.S. embassy or consulate in your country of residence.
• If you remain in the U.S., USCIS may issue a Notice to Appear (NTA). A Notice to Appear is a document that instructs an individual to appear before an immigration judge and is often the first step in removal from the United States.
• If you remain in the U.S. after reinstatement denial, you will accrue days of unlawful presence which can lead to being barred from entry to the U.S.
  • 180 days of unlawful presence = 3 year bar
  • 365 days (one year) of unlawful presence = 10 year bar

For further questions on reinstatement denial, visa revocation, NTAs, or unlawful presence, please consult with an immigration attorney.