All about F1 immigration status; entry date, Form I-515As

There was one international student last semester, who came to my office and asked for the I-20. In turns out that the student left the country while leaving his I-20 in his dorm so he didn’t carry the I-20 on him when he re-entered the U.S. The student was fortunate enough to be allowed to cross the border in the condition of following the instructions written in the Form I-515A. Form I-515A gives non-immigrant students a certain time window to submit the missing document. If a student fails to submit documents in a timely manner, he/she will be considered as “out of status” and the unlawful presence clock may start ticking. To prevent this scenario from happening, students should be aware of when they are allowed to enter the U.S., what are required documents and what to do with the Form I-515A. Therefore read this all about F1 immigration status thoroughly for successful immigration.

Contents

• The earliest date that students can enter the U.S.
• Required documents for entry/ re-entry to the U.S.
• What if you forgot to carry required documents?

The earliest date that students can enter the U.S.

When would be the earliest date that you can enter the U.S.? If you are a new student or if your SEVIS record is in initial status, you can enter as early as 30 days prior to the program start date. The program start date can be found in your I-20. For example, if your program starts on August 24th, you can seek entry as early as July 25th as it is 30 days before the start date. If you are a returning student, you can fly in whenever you plan to do so, before the new program starts.

New Students – Student (F and M) visas for new students can be issued up to 120 days in advance of the start date for a course of study.  However, you will not be allowed to enter the United States on your student visa more than 30 days before the start date.

Continuing Students – Student (F and M) visas for continuing students may be issued at any time, as long as the student is currently enrolled at a SEVP-approved school or institution and in SEVIS.  Continuing students may enter the United States at any time before classes start.

Student Visa webpage by travel.state.gov

Required documents for entry/ re-entry to the U.S.

The last blog post outlines a list of required documents for returning students for Fall 2020 intake as there have been several changes and updates due to the pandemic situation. Here, the post will introduce the original ICE guideline on traveling which requires current students to enter within 5 months. If a student was out of the United States for more than 5 months, the student needs to reinstate the SEVIS record or terminate the previous one and enter the U.S. with the new I-20. For the detailed process, reach out to your DSO (Designated School Official, usually International Student Advisor).

• A Form I-20, endorsed for travel and signed by your DSO
  • If you are a new/initial student, your I-20 will not have travel endorsement.
• You have been out of the United States for less than five months
• A current passport valid for at least six months after the date of your reentry or, if you are from one of the countries listed below, a passport that is current through the date of entry
• A valid, current visa or you travelled to contiguous country or adjacent island for less than thirty days
• Financial information showing proof of necessary funds to cover tuition and living expenses

Other than these documents, some CBP officials might ask you to provide a proof that you are enrolled (such as a recent transcript, or an enrollment verification letter, etc.) and the name and address of your DSO.

If you are a new student, Study in the States also recommends bringing the following documents on top of the above documentations:

• Evidence of acceptance from your school, such as recent tuition receipts or an acceptance letter; and
• Student and Exchange Visitor Information System I-901 fee payment receipt.

Related blog post: 2020 Student visa reentry required documents

What if you forgot to carry required documents?

If you realized that you lost your I-20, you can reach out to your advisor. To reiterate, the latest ICE guidance confirms that the school can issue the electronic copy of I-20 which makes it easy for students to receive a new copy. Once the this rule is lifted, students will have to receive the hard copy of I-20 by mail.

What if you lost required documents at the airport or you just realized that you didn’t bring required documents when you arrived at the United States? Like an anecdotal evidence which was shared in the introduction, immigration inspectors might provide you the Form I-515A instead of sending you back to your home country. It is worth to note that this form I-515A grants a limited period of time of 30 days to stay in the United States. Therefore foreign students who have issued the Form I-515A must send their responses to SEVP within 30 days. When you successfully resolve the issue within the given time frame, your duration of status will be extended until your program end date. If you fail to get in touch with SEVP within the given window, it will negatively affect your non-immigrant status which can result in departing the country. The government partner agency, Study in the States, guide the following process to handle a Form I-515A on their webpage titled What is a form I-515A?

• Tell your designated school official (DSO) that you have been given this form.
  • When you are issued a form I-515A, your DSO will be notified via email as well.
• Review with your DSO the reason why the Form I-515A was issued.
• Prepare required documents following the form I-515A. Examples of required documents are as below:
  • Form I-515A
  • Signed form I-20 (If you are a J student, file signed DS-2019)
  • Form I-94, “Arrival/Departure Record” with the identification number or a print-out from the paperless Form I-94 system.
  • Copy of the admission stamp in your passport and passport identification pages
  • Copy of valid visa
  • I-901 SEVIS payment receipt
• You have 30 days from the date you enter the United States to submit correct paperwork to the Student and Exchange Visitor Program (SEVP) I-515A processing team.  You need to collect all of the required paperwork and send original documents to this address:
  • Student and Exchange Visitor Program
  • DHS/ICE
  • ATTN: SEVIS/I-515A Processing Team
  • 500 12th Street SW STOP 5600
  • Washington, DC 20536-5600
• SEVP will process your documents and return the originals to your DSO.

F-1 or J-1 students who bring their dependents also need to prepare documents for F-2 or J-2. If you have submitted everything correctly, SEVP will also send a letter of approval and your Form I-94, “Arrival/Departure Record,” will have an extended departure date. Make sure you get these documents from your DSO for safe keeping. If you don’t submit documents within 30 days or if you didn’t meet the requirements, you will receive “Intent to terminate” letter. Your SEVIS record will be terminated if you don’t take any action within 14 days from the date you receive the letter of intent to terminate. Your stay beyond that date will be considered as unlawful presence.

In this blog post, when students can enter the U.S., what to bring for immigrations and what to do with the form I-515A are discussed. Entering the U.S. without any problem is the first step to keep your F1 immigration status well. Therefore, make yourself familiarized with required documents for immigration process and when to come to the United States.