Resolving Status Problems

If you will travel and re-enter the U.S. with a new SEVIS record, follow the steps below:

1. Request a Form I-20 from ISSS by submitting the Form I-20 Request for Current and Returning Students.
   • On the form, indicate “Resolve a status problem” as the reason for requesting the new I-20.
   • You will need to provide proof of funding covering tuition, fees, and living expenses for one year or until program completion, whichever is less. See International Cost of Attendance for additional information.

ISSS will issue and email you a Form I-20 for a new SEVIS record.

2. Pay the mandatory, one-time Student and Exchange Visitor Information System (SEVIS) I-901 fee
3. Enter the U.S. You may arrive no earlier than 30 days before the start date listed on your Form I-20 and no later than the start date indicated on your Form I-20. In addition to your new Form I-20, you will need an unexpired passport and F-1 visa to enter the U.S.

Please note that eligibility for entry to the U.S. with your new Form I-20 will be determined by the US Customs official at the port-of-entry.

If you are out-of-status, you are only eligible to apply for reinstatement if you meet all of the following criteria:

• You have not been out-of-status for more than five months at the time of filing the request for reinstatement (or you can demonstrate that the failure to file within the five-month period was the result of exceptional circumstances and that you are filing the request for reinstatement as promptly as possible under these exceptional circumstances); and
• You do not have a record of repeated or willful violations of USCIS regulations; and
• You have not engaged in unauthorized employment; and
• You are not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act; and
• You establish to the satisfaction of the USCIS, by a detailed showing, either that:
  • The violation of status resulted from circumstance beyond your control (such circumstance might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the Designated School Official, but do not include instances where a pattern of repeated violations or where a willful failure on your part resulted in the need for reinstatement; or
  • The violation is related to a reduction in your course load that would have been within a Designated School Official's power to authorize, and that failure to approve reinstatement would result in extreme hardship to you.

USCIS processing of a petition for reinstatement usually takes approximately one year, but may take longer, depending on USCIS workload.

While a request for reinstatement is pending with USCIS, you:

• Can and should continue a full-time program of study
• Must comply with all the requirements for maintaining student status
• Should not travel outside the United States, as doing so will be considered an abandonment of the pending reinstatement application. If you decide to travel, you will need to re-enter the US with a new, initial attendance Form I-20 as well as pay the SEVIS fee
• Cannot work on or off campus.

Out-of-status students are not eligible to apply for any student-related benefits while the reinstatement is pending.

1. Submit the following required documentation to ISSS:

• Most recent Form I-94.
• Copy of your passport biographical data page, visa pages, pages with U.S. entry stamp (if any).
• Letter addressed to USCIS explaining why you fell out of status.
  • This letter should illustrate that the violation of F-1 status resulted from circumstances beyond your control and/or how failure to receive reinstatement would result in extreme hardship for you.
  • Statement explaining you are currently pursuing or intend to pursue a full course of study.
  • Your letter should include the date you realized you were no longer in valid F-1 non-immigrant status, and the date you contacted your ISSS advisor to resolve the problem.
• Proof of financial support. You will need to provide proof of funds covering tuition, fees, and living expenses for one year or until program completion, whichever is less. See International Cost of Attendance for additional information.
• Official transcripts and verification of enrollment for the current semester.
• Any other materials supporting your request for reinstatement, such as documentation to support how violation resulted from circumstances beyond your control.
• Receipt for payment of the SEVIS fee. To reprint the receipt, or pay the SEVIS fee, if applicable (only for students who have been out-of-status for more than five months), visit I-901 Fee.

2. After review and submission of your documents, ISSS will enter a Reinstatement request in SEVIS, and will send you the following:
   • Form I-20 with a “Reinstatement requested” notation
   • A letter from the ISSS advisor to USCIS supporting your request for reinstatement
   • Instructions to file your I-539, Application to Extend/Change Nonimmigrant Status on the USCIS website.
   • Do NOT file a Form I-539 with USCIS until you have received your new Form I-20 and instructions to file from ISSS.

3. File I-539, Application to Extend/Change Nonimmigrant Status with a corresponding application fee online. After filing your petition, submit copy of a receipt notice from USCIS to isss@miami.edu.

After receipt of a decision from USCIS, notify ISSS immediately.

If USCIS approves your petition for reinstatement, your SEVIS record will be corrected to Active status and ISSS will issue you a new Form I-20.

If USCIS denies your reinstatement application, your SEVIS record will remain in Terminated status, and you will need to depart the US as soon as possible.

One of the criteria for off-campus employment benefits, such as CPT or OPT, is that a student must have been in lawful F-1 status for at least one academic year prior to qualifying. If you regain your status through reinstatement, and you had accrued at least one academic year in valid status before the status violation, that time can be used for purposes of qualifying for practical training after reinstatement.