Can You Apply to Another School for a New I-20 After SEVIS Termination?

Can You Apply to Another School for a New I-20 After SEVIS Termination?

Entering the U.S. with an F-1 visa and then failing to enroll at the intended school on time can lead to significant complications, including SEVIS termination. This article will guide you through the process of applying for a new I-20 and explain the potential reinstatement options.

Understanding SEVIS Termination

SEVIS, the Student and Exchange Visitor Information System, tracks the immigration status of F-1 students. If you fail to enroll on time and your SEVIS record is terminated, your visa becomes invalid, and you must leave the U.S. within 60 days.

Upon returning to your home country, you can apply for a new I-20 from a different school. However, the process is not straightforward and requires careful planning and documentation.

Steps to Reenroll After SEVIS Termination

1. Leave the U.S.: As your SEVIS record is terminated, you will need to leave the U.S. within 60 days. Failing to do so can result in severe consequences, including an inadmissibility period of up to three years if you overstay by six months or more.

2. Apply for a New I-20: Once you return to your home country, you can apply for a new I-20 from another eligible institution. Choose a school that you are passionate about and ensure that they have the capacity to accommodate you.

3. File Your Application: Prepare all necessary documentation, including proof of funds, academic credentials, and any other required paperwork. Submit your application to the new school and ensure it is processed in a timely manner.

Reinstatement for Late Enrollment

While leaving the U.S. is often the best course of action, in some cases, you may be eligible for reinstatement after SEVIS termination. Reinstatement can be a discretionary process, and certain criteria must be met:

1. Timeframe for Reinstatement: You must apply for reinstatement within five months of your SEVIS termination.

2. Eligible School: You must have a school willing to admit you under the reinstatement and be willing to accept your enrollment.

3. Motivational Evidence: You need to demonstrate that the failure to enroll was not of your own doing or was beyond your control. Common scenarios include being in a coma, experiencing financial difficulties, or facing emergencies or unforeseen circumstances.

4. Acceptance into School: The decision to grant reinstatement is ultimately up to the designated school official (DSO) at your current or proposed school. Provide a detailed and compelling explanation and be prepared to engage in a discussion with your DSO.

Other Considerations

If you have filed an asylum claim, you may be granted permission to stay in the U.S. without an I-20, but you cannot obtain a new I-20 as you are no longer an F-1 non-immigrant.

It is crucial to act quickly and seek professional advice if you find yourself in such a situation. Timing is critical, especially if you are planning to delay your studies due to unforeseen circumstances.

Conclusion

SEVIS termination and late enrollment can be challenging, but with proper planning and documentation, you can often find a path forward. Whether through a new school or reinstatement, it is essential to adhere to the regulations and seek guidance to avoid any legal issues.