If you plan to work in the U.S.A, you must have a Social Security number. Your social security number is NOT your school identification number.  Social security numbers are generally assigned to individuals authorized to work in the U.S. The number is used to report wages, salaries and tips, to determine eligibility for Social Security benefits. 

Learn more about Social Security numbers (pdf)

Everyone in the U.S.A. who earned an income in 2018 is required to pay taxes to the government and file taxes at the appropriate time. The Internal Revenue Service (IRS), which is part of the federal government is responsible for collecting taxes. It is this same entity that oversees the filing of taxes during the tax preparation season. For F-1 students, there are special instructions for filing their taxes.

Visit the Foreign Students and Scholars page on the IRS’ website for more detailed information on taxation and filing.  There is also information on tax preparation services provided by volunteers through the Volunteer Income Tax Assistance program (VISTA). Note that it is possible that some volunteers might not be versed in tax filing for F-1 students. Don’t be alarmed, know that assistance is available through Sprintax. What is Sprintax? Continue reading!

As an F student, you must file taxes if you have:

• Income from wages, unless the income you earned does not exceed the personal exemption amount.
• A taxable scholarship or fellowship.
• Income from stock options.
• Lottery or gambling winnings.
• Other types of non-wage income.

If you earned any of these types of income during the previous calendar year, you must file your taxes by the deadline. The annual deadline for filing taxes is April 15; however, the government is granting an additional two days this year. So the deadline is April 17, 2019.

What if I did not earn an income during 2018? For F-1 students who earned no income, they are only required to file Form 8843 with the Internal Revenue Service (IRS). 

Form 8843 is not a tax document; it is an informational statement required by the United States government. You do not need a Social Security number to complete Form 8843. Forms and instructions may be obtained from the ISSO, or you can print it off-line from the Department of the Treasury, Internal Revenue Service’s (IRS) website: https://www.irs.gov/pub/irs-pdf/f8843.pdf.

FEDERAL TAXES

If you have worked in the United States (including on-campus jobs), you must complete a United States Federal Tax Return (Form 1040NR [U.S. Nonresident Alien Income Tax Return] or 1040NR-EZ [U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents]). For an overview on Federal taxes, please visit https://www.irs.gov/.

Visa carrying students and scholars (F-1 and J-1) at Haverford College will have access to Sprintax Federal tax preparation software program, which was designed to aid international pupils in preparing their United States Federal (and State) tax returns. The free access codes (for Federal tax preparation only) will be distributed on Tuesday, March 26, 2019 in the Multicultural Center, Stokes Hall, Room 106 at 4:30 p.m. for the Class of 2022.  There will be a Tax Overview Session for the Class of 2022 and those with no experience filing their taxes. ISSO will notify students regarding the time and location for the Tax Overview Session. Seniors, juniors and sophomores who have experience using Sprintax to file their taxes need not attend the Tax Overview Session, but simply reserve an access code by emailing Natasha Weisz (nweisz@haverford.edu), Coordinator for International Affairs. 

Since ISSO has a limited amount of free access codes, reserve your code early!

PENNSYLVANIA STATE TAXES

Sprintax also has a software program to assist in filing Pennsylvania State Taxes. Note: This service (State tax filing) is not free to students; it must be purchased directly from Sprintax. As you prepare your Federal return through Sprintax, the program will let you know if you need to prepare a State tax return. Sprintax (software program) will provide instructions on how to proceed with filing your Pennsylvania Personal Income tax (and other states if required). Detailed information on the Pennsylvania Personal Income Tax for Residents and Non-Residents is available on the Pennsylvania Department of Revenue’s website.

If you misplace your I-20 form, you will need to contact the Designated School Official. 

Students are responsible for maintaining the I-20 form they received from Haverford and used to enter the United States. Shipment of the I-20 form will be at the expense of the student. Haverford uses an express mail service, eShipGlobal.

You may need to update your I-20 or SEVIS forms if your permanent address changes, when you declare a major, or when other circumstances change.

I-20 Request Forms 

• New I-20 Request Form
• I-20: Dependent Information
• I-20: Request for Extension
• I-20 Request Form for 24-Month STEM OPT Extension

Registration, On-Campus Employment and Academic Transitions

• SEVIS Registration
• On-Campus Employment Data In-Take Form
• Change in Major
• Reduced Course Load
• Student Departure

Travel and Change of Address

• Change of Address
• Travel Endorsement

OPT Forms

• OPT Pre-Application
• Six-Month STEM OPT Validation Reporting Form
• Pre/Post-Completion OPT Reporting Form
• Change in Employer - STEM OPT Form
• I-20 Request Form for 24-Month STEM OPT Extension

Other Forms

• Student Consent to Release Immigration Information
• Replacing Documents

OPT is training that is directly related to an F-1 student’s major area of study. It is intended to provide a student with practical experience in his or her field of study during, or upon completion of a degree program. OPT provides an opportunity to apply theoretical knowledge obtained in an academic program to a practical experience.

OPT may, in certain circumstances, can be full or part time and may take place anywhere in the U.S. You may apply to use OPT during your vacation periods, during the academic year, or when you have completed your studies.

Guidelines/Information:

An F-1 student who has attended an SEVP-certified college, university, conservatory, or seminary on a full-time basis for at least one academic year may be authorized for up to 12 months of OPT per education level. However, F-1 students who have one year or more of full-time Curricular Practical Training (CPT) are not eligible for OPT for that degree. Please note that Haverford College does not grant CPT.

• The three types of practical training are: Pre-Completion OPT, Post-Completion OPT, 24 Months STEM OPT (Science, Technology, Engineering, and Mathematics)
• OPT must relate to major (or course of study if you did not declare a major).
• Have been in F-1 student status for at least one academic year.
• Currently maintain a full-time program of study and valid F-1 status.
• Must not have used 12 months or more of full-time Curricular Practical Training (CPT) at the same educational level.  HAVERFORD DOES NOT GRANT CPT.
• Do not need an offer for practical experience to submit an application for OPT.
• Can apply for 12 months of OPT at each education level, (i.e., students may have 12 months of OPT at the Bachelor’s level and another 12 months of OPT at the Master’s level or Doctoral Degree programs).
• Must apply for work authorization by filing Form I-765, “Application for Employment Authorization,” with U.S. Citizenship and Immigration Services (USCIS) and paying a filing fee.
• Begin work only after receiving the Employment Authorization Document.
• While school is in session, you may only work 20 hours per week. You can work full time while school is officially not in session (winter, spring and summer breaks).
• Contact the ISSO if you wish to apply for one of the three (pre, post, STEM extension) practical training.

Further information can be found at: https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/optional-practical-training

View our PDF on how to use the SEVP Portal.

An F-1 student is permitted to remain in the U.S.A. when transferring between schools or programs as long as the student begins classes at the transfer-in school in the next available term, or within five months of his or her last day of classes at the transfer-out school, whichever is sooner, or within five months of the program completion date on his or her current Form I-20 or EAD granted for post-completion OPT.

F-1 students can maintain status through the transfer process (Transfer-Out [leaving] School to Transfer-In [going] School).  Read below for the process.

Factors to be Considered Before the Transfer Release Date

 The DSO will consider the following factors prior to setting the transfer release date: 

1. Possibility of the student needing time to complete the current term
2. Possibility of the student needing time for travel outside the U.S.A.
3. Possible allowing for work during school vacation to be completed before transferring record

Transfer Process

1. Set a Transfer Release Date
   he transfer release date is the date on which responsibility for the student’s SEVIS record shifts from the transfer-out school to the transfer-in school. On this date, the student’s SEVIS record is made available to the transfer-in school.
2. Do not attempt to make any changes
   The Transfer-Out school will not be able to make any changes to the student’s record after the record is transferred to the next school.
   DSOs at the transfer-out school can only see a historical record for the student, who is now in “deactivated status.”
   The transfer-out school cannot see a copy of the record at the transfer-in school.
3. Recreation of I-20
   The transfer-in school can access the student’s SEVIS record, which will be in draft status and use it to create an “Initial” transfer I-20 Form.

Student Responsibilities at the Transfer-Out School

In order to maintain status while transferring between SEVP-certified schools, F-1 students must be aware of their responsibilities. Prior to transferring, F-1 students must do the following:

1. Select an SEVP-certified school and apply for enrollment
2. Obtain contact information for the DSO at the transfer-in school
3. Inform the DSO at the transfer-out school of their desire to transfer. (An appointment will be required with the DSO at the college.)
4. Provide the DSO at the transfer-out school with proof of acceptance at an SEVP-certified school (the transfer-in school)
5. A student must maintain status by attending classes until the transfer release date. An F-1 student cannot decide to transfer in the middle of a term and immediately stop attending classes. Such an action would be a violation of status and the student’s SEVIS record should be terminated.
6. The student should contact the transfer-in school shortly after the transfer release date and ensure that the DSO has the biographical and financial data needed to update the student’s SEVIS record.
7. The student must report to the transfer-in school within 15 days of the Program Start Date and enroll full time at the school.

DSO Responsibility at the Transfer-Out School

• Note that if a student does stop attending classes prior to the transfer release date, the DSO will terminate the student’s SEVIS record for Unauthorized Drop Below Full Course of Study.  The student’s SEVIS record would then be transferred in Terminated Status and the student must file an application for Reinstatement of Status with the support of the transfer-in school, or depart the United States and return on a new SEVIS record with an Initial Form I-20.
• After receiving proof (verification) of acceptance from the other SEVP-certified school, the DSO will collaborate with the DSO at the transfer-in school and the student in determining an acceptable transfer release date.
• The DSO will provide students at the Transfer-Out school with a Student Departure Form to be completed and submitted to the ISSO in Stokes Hall, Room 111-B. (The electronic form can also be found on Moodle)
• The transfer-in school’s exact name in SEVIS will be required
• The transfer-in school’s SEVIS code will be required
• The DSO at the transfer-out school will confirm the transfer release date with the student and complete any form submitted to the transfer-in school either by the student or the DSO of the new school
• If the student does not report to the transfer-in school, the DSO will terminate the student’s record. The reason given will be “No Show.” SEVIS will automatically terminate the student’s record if the student does not enroll within 60 days of the program start date.
• If a student has had a previous transfer and no record of attendance at either of the two schools, the DSO will consult with SEVP before initiating a transfer.

Impact:

There are certain circumstances that impact the transfer of an F-1 student including employment, practical training, travel and certain SEVIS record statuses such as the following.

• Travel: If a nonimmigrant student plans to travel outside the United States, the timing of the transfer needs to take this into account. The student must return to the United States with a Form I-20 for the school that holds his or her Active or Initial SEVIS record. So travel must be either:
  Started and completed before the transfer release date with an Active Form I-20 from the transfer-out school
  Started and completed after the transfer release date with a Transfer Pending Form I-20 from the transfer-in school
• Pending Reinstatement: A student cannot transfer while an application for reinstatement of status is pending with USCIS. The student must wait until the reinstatement is adjudicated or leave the United States and attempt to return with a new Initial Form I-20.
• Transfer of Terminated Records: A student with a Terminated SEVIS record can transfer. In the past, this practice was prohibited. Upon transfer of the SEVIS record, a student will need to file for reinstatement of status with USCIS.
• Transfer of Completed Records: A student can transfer during the 60-day grace period after the program end date and any post-completion OPT, if the transfer release date is set by the transfer-out DSO before the end of the grace period. If a student requests that their DSO transfer his or her record after it has gone into Completed status, the DSO must deny the request. The DSO will inform the student that he or she should depart the United States of America.
• The One Full Academic Year Provision: A student can count the time spent studying in F-1 status at the transfer-out school toward any requirement that necessitates the student be in F-1 status for a full academic year (such as to qualifying for employment or practical training). However, if a student leaves the United States of America and returns on a new Initial Form I-20 instead of transferring, the student cannot count the time spent studying at a previous school.
• Optional Practical Training: Authorization for optional practical training (OPT) is not transferable. It ends on the transfer release date. If a student wishes to complete OPT, the DSO will set the transfer release date on a date after the OPT ends. A student can transfer during the 60-day grace period following OPT, as long as the transfer release date is set within the grace period.
• All Haverford students planning on transferring to another school are required to meet with his/her advising dean and follow the directives set in place for in-house transfer. An “Out-Notice” must be sent to all the relevant offices on campus notifying them of your intent to leave the college; this notice must be generated by the Registrar’s Office after receiving a written notification from your advising dean.
• Transfer of Students Employed on Campus: A student can work on campus only at the school that holds his or her Active SEVIS record. With the DSO’s permission, a student can work on campus at the transfer-out school until the transfer release date. To work on campus at the transfer-in school, the student must get permission from the DSO at the transfer-in school. Work can begin after the transfer release date.
• Off-Campus Employment: The authority to work off campus at the transfer-out school ends when a student transfers. To continue off-campus employment, the student must request the recommendation of the DSO at the transfer-in school and file a new application with USCIS.
• Transfers by New Initial Students: A new initial student may transfer if the student first reports to Haverford College by the program start date listed on the Form I-20 and can begin classes at the transfer-in school within 30 (thirty) days of his or her date of entry into the United States of America.

A new initial student does not have to report in person to Haverford College. The DSO can transfer the record based upon a telephone, fax, mail, or e-mail notification from the student. If the notification is by telephone, the DSO will require the student to fax, or e-mail the acceptance to the new school and a copy of both sides of the Form I-94 to verify the date of entry. Contact the ISSO at Haverford College for the fax number to send the documents.

If after reading this information on transferring between schools and you have any questions, kindly schedule an appointment with ISSO during normal business hours.

Travel within the U.S.

If you are currently enrolled as an F-1 student and plan to travel within the U.S.A, at any point during your stay, you should keep in mind that a local police officer or U.S. Customs and Border Protection (CPB) officer could stop you and request to see identification at their discretion. So you should remember to do the following: 

1. Carry your “Certificate of Eligibility for Nonimmigrant Student Status” (I-20 Form).
2. Carry your valid passport.
3. Carry your passport with valid F-1Visa.
4. Go on line, www.cbp.gov/i94, print and carry a copy of your I-94 Arrival/Departure Number.
5. Carry all documents on self; do not pack in your luggage.
6. Check the Transportation Security Administration’s (TSA) website for travel information since regulations and/or guidelines can change.

Note:  If your travel does not involve any airport or travel station outside the United States, or crossing a U.S. border, you will not have to apply for re-entry to the U.S. Customs and Border Protection (CBP).

Travel outside of the U.S.A.

It is important that some careful thought when planning a temporary trip to your home countries or other countries, and you expect to return to the U.S. to resume your studies. You should be sure to have all proper documents. If your visa has expired or will expire before you re-enter the U.S., you should renew it. Learn more about travel abroad during OPT and while OPT/STEM extension applications are pending.

Transit through a third country:  Many countries including the U.S.A. do not allow an individual to travel through their countries unless the person has a transit visa, an entry visa, or meet specific requirements. Furthermore, if you will be traveling to another country than your home country, check with the embassy or consulate of that region so see what their requirements are for entry.

Are you currently enrolled as an F-1 Student? If yes, then you should remember to do the following:

1. Check the country’s official government website to see if you need a visa, or a transit visit to another country if traveling through, or stopping over.
2. If traveling to Canada, Mexico or an adjacent island for less than 30 days on an expired visa you may be permitted to re-enter the United States under the automatic visa revalidation if they meet the requirements laid out in this U.S. Customs and Border Protection automatic visa revalidation factsheet. 
3. International travel requires you to gain re-entry into the United States.
4. Re-entry to the U.S. requires that you pass an inspection conducted by CBP.  

Documents required for entry and re-entry to the U.S.A.

With the exception of Canadians, all citizens of other countries are required to secure a visa in their passport to enter the U.S.A. If one wants to travel to the U.S., they should apply for a visa via the U.S. Embassy/Consulate outside of the United States. A listing of U.S. Embassies/Consulates can be found online at the U.S. Department of State’s website.

Initial entry by F-1 students: Students entering the U.S. in F-1 status cannot enter no more than 30 (thirty) days prior to the program start date, which can be found on the I-20 Form.  Students should not come to the U.S. on a visitor’s (tourist) visa; a tourist visa does not allow students enroll and study full in the U.S.A. 

Newly admitted students to the Haverford College should read the instructions provided by the ISSO regarding the visa process and the financial documentation requirements for meeting their educational and living expenses while living and studying in the U.S.A. That information is usually sent to students after accepting the offer of admission and submitting the signed Honor Code pledge.

The following documents are required for entry and re-entry to the U.S.A:

1. Updated and signed (endorsed) Form I-20. (The Travel Endorsement Request Form can be found here; the Request Form must be submitted with your current I-20 Form when meeting with the DSO to get his/her signature)
2. Current passport (valid for at least six months into the future at all times)
3. If your valid passport does not have your visa, also carry the one with the visa. In this case you will be carrying two passports – the current and the expired)
4. Valid (F-1) U.S. visa (except for Canadian citizens)
5. I-901 SEVIS Payment Receipt
6. Original financial certification, signed grant award letter from Haverford College, etc., that shows you can pay your living and tuition expenses.
7. Evidence of acceptance to Haverford, such as a recent tuition payment receipt or acceptance letter; your most recent transcript (current students)
8. Emergency Contacts at Haverford College -- Denise Allison, DSO (484-535-2412); Haverford College’s Public Safety Office (610-896-1111)

Take Caution! 

• Sometimes computers might be down and the burden of proof will be on you, so carry your original documents (records) with you! Do not place your documents in checked luggage so that you can easily present your records to CBP officers at any U.S. Port of Entry.
• Keep in mind that if your non-immigrant visa has expired, you cannot renew it within the U.S.A. Also, you cannot apply for a new non-immigrant visa within the United States.
• Before leaving the CBP area, check your passport to see if the officer placed an entry stamp which shows the date you entered the U.S., the student visa status (F-1), and D/S (Duration of Stay).
• If CBP sees fit to question you further before admitting you into the U.S., the process is usually referred to as secondary inspection. What is Secondary Inspection? Secondary inspection allows CBP to conduct additional research to verify your information without causing delays for other arriving passengers.

In some case after secondary inspection, CBP might issue you a Form I-515A, "Notice to Student or Exchange Visitor," which requires you to submit the information needed to the (SEVP) Student Exchange and Visitor Program, or deny you admission into the United States.

What circumstances usually generate a Form I-515A? If you depart the U.S. and try to re-enter without your Form I-20, the Custom and Border Patrol officer, at his/her discretion, might allow you to enter the U.S. for 30 days. Should the student be granted temporary readmission, Form I-515A and an I-94 card with the 30-day admission.

What if I receive Form I-515A? You must (immediately) report to the International Student Services Office (ISSO). The ISSO will provide guidance in helping you to correct the I-515A in order to extend your permission to remain in the U.S.A.

Travel to Puerto Rico, U.S. Virgin Islands and other U.S. Territories and Possessions:

If an F-1 student wants to travel from one of the 50 (and the District of Columbia) United States to Puerto Rico, the U.S. Virgin Islands, and certain other U.S. territories and possessions of the U.S., the student does not need a visa to travel to any of those locations, or return from any of those locations.  Should you travel to any of those locations, the student should carry his/her documents (passport, I-20 Form, and I-94) at all times.  

Travel to Canada, Mexico, or the Caribbean Islands -- Automatic Extension of Visa Validity:

Although Mexico and Canada borders with the U.S.A., students should find out what the requirements are for travel to those destinations.  Canada and Mexico have their own separate entry requirements. F-1 students should check the Canadian Embassy’s website at: http://international.gc.ca/world-monde/united_states-etats_unis/splash.aspx. For Mexico, contact the Consulate General of Mexico, see: https://embassy-finder.com/mexico_in_usa

Under certain circumstances, exchange visitors with expired visas who travel (less than 30 days) solely to Canada, Mexico, or "adjacent islands" in the Caribbean might be allowed to return to the United States in the same status in which they departed, to continue their previously-approved activities without having to obtain new visas. This is known as automatic extension of visa validity.

Visa Waiver Program
Students wanting to learn more about the visa waiver program can read the information online at: https://www.cbp.gov/travel/international-visitors/visa-waiver-program

Change of Visa Status while in the U.S.

If you applied for a change of visa status through USCIS (within the U.S.A.) and you were successful, you will still have to apply for a visa (when you depart the U.S.) in order to get a new visa at the U.S. embassy/consulate abroad in order to return to the U.S. The new visa would be used for entry.

Persons admitted under the Visa Waiver Program are not permitted to change status in the United States. See Change My Nonimmigrant Status on the U.S. Citizenship and Immigration Services (USCIS) website.

Other Expectations:

Students should take the time to review important information regarding Admissions/Entry requirements as well as restrictions such food, https://www.tsa.gov/travel/security-screening/whatcanibringagricultural products or other restricted/prohibited goods

In addition to the 50 states and the District of Columbia, the U.S. government also administers 16 territories in American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands.

If you failed to maintain F-1 student status, you could consider petitioning USCIS for reinstatement. The application for reinstatement is the student’s responsibility. The approval of the application would lie in the hands of USCIS and not ISSO.

If the student wishes, ISSO is willing to review the application before he/she submits it to USCIS but only if all of the conditions under ELIGIBILTY below are met. If the student does not meet the eligibility requirements, then ISSO HIGHLY recommends that you consult with an attorney who specializes in immigration law and practice.

Any student who plans to transfer to another SEVIS-Approved school, should apply for reinstatement with the assistance of the new school. Namely securing an I-20 Form from the new school.

If you would like to be reinstated, then consider doing the following:

1. Submit a petition to USCIS
2. You could travel abroad and re-enter rather than applying for reinstatement; a new “Initial Attendance” I-20 with a new SEVIS number would be necessary to have
3. Talk with ISSO regarding your options and the application process

Choosing to Travel and Re-enter Rather Than Applying for Reinstatement

If a student decides to depart the country and re-enter with a new I-20, rather than applying for reinstatement, a new SEVIS record (with a new SEVIS ID#) will be created and given to the student.

This course of action is not the same as reinstatement; however, under current government interpretation, re-entry to the U.S. with a new I-20 after a status violation is viewed as a new entry in F-1 status. As such, a student would be bound by restrictions placed on new students, such as the "full academic year" waiting period for eligibility for practical training or economic necessity employment authorization.

Violations which may cause a student to fall out of F-1 Student Status:

• Failure to report to the school whose I-20 you use to enter the U.S.
• Failure to report to ISSO for SEVIS registration upon arrival
• Failure to take less than a full course without getting (written) authorization from the designated school official. (Your advising dean or faculty advisor cannot make the final decision, but rather he/she/them should converse with the designated school official for immigration matters on campus. It is important to read the Maintaining Status hand-out given to each student during orientation and other times throughout the academic year)
• Failure to apply for a Program Extension before the date of completion on the I-20 Form (see Program Stand/End Dates on your I-20) should you need more time to complete your current program of study and the College grants you permission
• Failure to complete the F-1 transfer from Haverford College to another school within the 60-day grace period of completion date, OR OPT end date
• Student is not deportable from the U.S. on any other grounds

Noteworthy Points:

• The time it takes to process the reinstatement varies. It could take up to 6 months
• Student is required to study full-time while the reinstatement application is pending
• The student will not be eligible for F-1 benefits (Optional Practical Training, or working on campus reinstatement is approved.
• ISSO does not make the decision as to whether or not a student is to be reinstated; that decision is made my USCIS
• Working in the U.S.A without proper authorization is a violation of the F-1 status and cannot be rectified through reinstatement.
• If the F-1 student has dependents (F-2s) in the U.S., your violation will affect them. You should also include them in the application process
• Traveling outside of the U.S.A. is NOT RECOMMENDED
• A student who has been reinstated is eligible for F-1 student benefits such as employment; however, if the student had not accrued 9 months in valid status prior to the violation, the SEVIS “full academic” clock is restarted.
• If a petition for reinstatement is denied, the student has the option to file for an appeal with USCIS; however, ISSO highly recommends the student seeks the service of an esquire who specializes in immigration law.

Adjudication & Approval:

• After reinstatement has been requested, a Pending Request will be noted on the SEVIS record by USCIS
• IF APPROVED, USCIS adjudicating officer will update the student’s SEVIS record. An email notification of approval will be sent to the P/DSO at the student’s school
• The P/DSO will check the student’s record to ensure that the Start/End Dates of the Program of Study is correct. If not, the P/DSO will make the correction in the Start/End Dates
• F-2 dependent status will be automatically reinstated with that of the F-1 student

Denial

If USCIS denies the reinstatement application, the adjudicating officer will notify the PDSO/DSO via email.  The student’s SEVIS record will revert to terminated or completed status, and the reinstatement request will be removed. The student must depart the United States.

An appeal of a denial cannot be appealed; however, a motion to reopen or reconsider may be filed if warranted.

Effects: of Denial

INA § 222(g) (overstay and visa cancellation) and § 212(a)(9)(B) (unlawful presence) are two penalty provisions that can be activated if a request for reinstatement is denied. Since reinstatement by definition consists of a finding by USCIS that there has been a status violation, the denial of a reinstatement application would in all likelihood be considered a "formal finding of a status violation... resulting in the termination of the period of stay authorized by the Attorney General." Under the most recent guidance on the applicability of INA 222(g) and § 212(a)(9)(B), the reinstatement denial would have the following effects, as of the date of the denial:

• The visa that the student used to enter the United States is automatically cancelled;
• The student is permanently limited to applying for nonimmigrant visas in the future only in his or her country of citizenship or permanent residence;
• The student will begin accumulating days of "unlawful presence." If the student remains in the United States after the denial for over 180 days, he or she will be barred from returning to the United States for three years; if he or she remains after the denial for one year or more, he or she will be barred from returning the United States for ten years.

Also, whether the application is approved or denied, there is an official record of the violation of status in DHS files. Status violations can have future impact on eligibility for immigration benefits such as adjustment of status.

Eligibility

According to the federal USCIS regulations  8 CFR 214.2(f)(16) - Reinstatement to F-1 status,          USCIS may consider granting reinstatement if Form I-539, Application to Extend/Change Nonimmigrant Status, accompanied by the properly completed SEVIS Form I-2 indicating the DSO’s recommendation for reinstatement and if the student:

(A) Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5-month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);

(B) Does not have a record of repeated or willful violations of Service regulations;

(C) Is currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20;

(D) Has not engaged in unauthorized employment;

(E) Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act [ed. note: overstaying or failing to maintain status]; and

(F) Establishes to the satisfaction of the Service, by a detailed showing, either that:

(1) The violation of status resulted from circumstances beyond the student's control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for reinstatement; or

(2) The violation relates to a reduction in the student's course load that would have been within a DSO's power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.

(ii) Decision. If the Service reinstates the student, the Service shall endorse the student's copy of Form I-20 to indicate the student has been reinstated and return the form to the student. If the Form I-20 is from a non-SEVIS school, the school copy will be forwarded to the school. If the Form I-20 is from a SEVIS school, the adjudicating officer will update SEVIS to reflect the Service's decision. In either case, if the Service does not reinstate the student, the student may not appeal that decision.

Application Procedures: Student’s Responsibilities

1. Write a letter of explanation addressed to USCIS, specifying
   1. The date you, the student, fell out of status;
   2. why, you, the student fell out of status;
   3. what date you contacted the DSO to discuss the problem;
   4. how and why failure to approve your reinstatement to F-1 status would result in extreme hardship; what circumstances let you to be out of status;
   5. specifically request that USCIS consider reinstating your F-1 status;
   6. attach any other supporting documentation that you might to render.
2. Schedule an appointment with ISSO to assess your eligibility for possible reinstatement
3. Complete the most updated Form I-539 (https://www.uscis.gov/i-539) and sign. In Part, check the box for “Reinstatement to Student Status”
4. Secure a check or money order for the full amount, payable to the U.S. Department of Homeland Security
5. Copy of the electronic Form I-94
6. Copy of passport information page (passport should be valid for the next 6 months – future months)
7. Copy of the visa page
8. Copy of the U.S. Entry visa stamp
9. SEVIS I-901 Fee is required of students who have been out of status for more than 5 months and include the proof of payment with their recertification application
10. Students who have been out of status for less than 5 months do not have to pay the new SEVIS I-901.
11. Include the new signed SEVIS I-20 Form given to you by the DSO for the purpose of reinstatement. Student should sign the as well.
12. Include a photocopy of any previous I-20 Form issued to you
13. Be sure that the word “REINSTATEMENT” is written at the top of the form to distinguish it from other Form I-539, which can be used for other purposes
14. Provide a copy of your financial support document(s) that demonstrates you have the funds necessary to continue paying for your educational and living expenses in the U.S. The document should be recent
15. Proof of enrollment for full course of study (class schedule for the current and next session, school transcript, certification letter from the Registrar)
16. Any other documentation that might help establish the reason for wanting to be reinstated especially if the violation occurred less than 5 months ago
17. A letter from the DSO can be helpful if the violation of status resulted from an error made by the DSO.

Mailing the Application Packet

Electronic filing is not available at this time! Before mailing your application packet, make a photocopy for your records. Mail the completed application packet via express mail, certified mail with a return receipt. Reference (write) on the envelope: REINSTATEMENT F-1

Pay attention to the mailing instructions provided by USCIS for Form I-539. Mail the packet to:

U.S. Citizenship and Immigration Services
ATTN: Reinstatement for F-1 (Form I-539)
Vermont Service Center
75 Lowe Welden Street
St. Albans, VT 05479

If you can check your application status at:  https://egov.uscis.gov/cris/processTimesDisplayInit.do

Requirements: 

1. F-1 students must be currently enrolled at Haverford College full-time and is maintaining their status.

2. The student must have spent at least one full academic term enrolled in a full course of study in the United States (Haverford College) prior to studying abroad. HOWEVER, note that Haverford has its own policy on when a student can be allowed to study abroad under its approved international programs. For more information regarding Haverford's study abroad program and policies, see the College's academic regulations.

3. Talk with the Director of Study Abroad, Rebecca Avery, before talking with the Designated School Official (DSO) regarding Haverford’s policies and course requirements while studying abroad.  To be considered in active F-1 status, Haverford College’s students are required to carry a full course load and credits while studying abroad. 

4.  It is the student’s responsibility to be familiar with the College’s policies on grading/credits and knowing what will or will not be acceptable by the institution. It will be wise to talk with your faculty advisor regarding your academic plan before studying abroad.

5. Talk with a DSO before submitting your international study abroad application. Failure to talk with a DSO regarding U.S. immigration issues before leaving to study abroad could result in difficulties when you try to return to the U.S. to continue your studies.

6. F-1 students studying abroad must complete submit the Student Departure Form to ISSO and must be registered in Terra Dotta (Travel Registry) before departing the U.S. 

7. Submit the SEVIS Registration Form at the start of each semester. This is required in order for you to be registered in SEVIS. 

8. Students on other visas besides (F-1) who wish to study abroad should talk with their program sponsors and/or an immigration attorney at law for advise on visa matters such as “aging out” and possible changing status before re-entry to the U.S. This should be done before studying abroad as timing might be a factor.

9. Validity of Visa. While studying abroad if a student's current visa is no longer valid, renew it. When in doubt, always check with the U.S. consulate close to where you are regarding validity of visas and re-entry to the U.SA.

10. If you get a new visa or passport, bring the documents to the ISSO for review upon your return to Haverford. 

11. Students participating in short-term educational trips abroad during the breaks   should check that country’s embassy to see what their visa requirements are. Short-term study abroad is not managed by the Office of International Academic Programs. This also includes summer study abroad.

12. Continue to read communications from the College, which includes ISSO.

13. Confirm your return to the College by contacting the SAB office by the March 1 (Semester I) or December 1 (Semester II) deadlines.

14. If you would like to work off-campus shortly after you return, for example in the summer, you should watch out for the announcements regarding applying for OPT. 
 


Assurance or no Assurance for Re-entry to the U.S.

Even though you are considered an F-1 student in “Active” status, note that only U.S. Customs and Border Protection can issue status at the port of entry, and therefore it is important to remember that re-entry to the U.S. in F-1 status is never guaranteed. For this reason, it is advisable to carry: 

• Documentation of the time span outside of the U.S.

• Confirmation of studying full-time

• A document stating your rational for studying abroad

• Credits that you have to complete when you return

• Anticipated date for completion of your major requirements

• Expected date to return to Haverford College


Contact Rebecca Avery or Natasha Weisz in the International Programs office for the necessary written and signed documents. The letter/document can address all of the points listed under “Assurance or no Assurance for Re-Entry to the U.S.

Can you change your mind about Studying Abroad while you are overseas (outside of the U.S.)?

If you take a leave of absence from your U.S. studies and will not remain enrolled as an F-1 student, then your Study Abroad will be reported as a “Temporary Absence” in SEVIS. Upon return to the United States, the DSO will submit a request to change an F-1 student’s SEVIS record to “Active.” This can be done up to 60 days in advance of the student’s return from a temporary absence. 

Provided you are outside of the U.S. for a period of less than 5 months, the DSO may be able to submit a request to change your SEVIS status to “Active.” In order to request this change, you MUST contact the DSO at least 30 days prior to your return to the U.S., or provide a plane ticket back to the U.S. to the DSO if you will arrive sooner than 30 days, so an expedited request can be made. Attempting to re-enter the U.S. in “Terminated” status may prevent you from being able to re-enter once you arrive at a port of entry.

Special Note: If you leave the United States for more than five months and are not able to remain enrolled at Haverford College, you will not be able to maintain your student status. To resume your studies in the U.S.A., you will need to seek readmission in initial status, which includes obtaining a new Form I-20 and paying the I-901 SEVIS fee again. 
To reiterate, F-1 Students studying abroad for the full year are still enrolled at Haverford College and will be registered in SEVIS each semester they are away from the U.S.

Practical Training and Study Abroad 8 CFR 214.2(f)(10)

(10) Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad. A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. Students in English language training programs are ineligible for practical training. An eligible student may request employment authorization for practical training in a position that is directly related to his or her major area of study. 

Can I Study Abroad During my Final Semester at Haverford College?
The majority of Haverford College’s students study abroad for a semester or a full academic year during their junior year.

International students desiring to study abroad in a third country during their final semester may face some logistical challenges that could be problematic in terms of their eligibility to apply for Post-Completion Optional Practical Training (OPT). The regulations 8 CFR 214.2(f)(10) states that practical training "may be authorized to an F-1 student." In order to be eligible, this would require the student to be in F-1 status to be granted optional practical training. BUT being outside of the U.S. engaging in study abroad does not allow the student to keep the nonimmigrant status REGARDLESS of the fact that the student is recorded in SEVIS as being in “Active” status.

If you are outside of the U.S. when you complete your program, you may have difficulty proving that you need to re-enter the U.S. for study.  Returning to the U.S. to apply for OPT is not a valid reason for re-entry in F-1 status, so plan accordingly. Prepare to be in the U.S. well before your program end date on your I-20 is reached. It may not be possible to apply for OPT from abroad, as you will not have the proper documentation to do so. For example, the I-94.