TRAVEL ON THE F-1/J-1 VISA

An F-1 or J-1 student or scholar planning to travel outside of the U.S. must carry the following documentation in order to depart and re-enter the U.S.:

1. Current I-20/DS-2019 with a recent travel signature

The travel signature must be issued within 1 year from the travel re-entry date. The signature must be within 6 months if student is on OPT/STEM. Students requiring a signature should visit the UIS 2 weeks prior to traveling. UIS prefers sign your current continued attendance I-20 to avoid paper waste, but you can also request a reprint of your I-20 for travel using the I-20/DS-2019 Reprint Request Form.

2.  Unexpired passport

The passport must be valid for at least six months upon return to the U.S.

3.  Unexpired visa 

In order to re-enter the U.S., the F-1/J-1 visa must be valid. If it is expired, the student must renew their visa prior to reentry. The visa can only be renewed in the student’s home country. Citizens of visa-exempt countries like Canada must show a valid I-20 in order to enter in F-1/J-1 status and should make sure their I-94 indicates student status.

4.  I-901 Receipt of SEVIS fee payment (recommended)

The receipt can be obtained at https://www.fmjfee.com

5.  OPT EAD card and evidence of employment (if approved for OPT)

Some exceptions exist for travel to Canada, Mexico, and islands adjacent to the U.S.

Travel within the U.S. and U.S. territories: UIS recommends that an F-1 or J-1 student or scholar carry their I-20/DS-2019, unexpired passport and F-1/J-1 visa when traveling within the U.S. The F-1/J-1 visa may be expired as long as the I-20/DS-2019 is valid.          

International Travel:  When traveling to another country other than the student’s country of citizenship, the student should always investigate what visa documents are required by that country’s government for international travelers. The UIS suggests the student consult with their embassy in the U.S. when traveling to another country. 

Extended Absence:  An F-1/J-1 student is permitted a maximum of five months outside of the U.S. More than five months is not considered a temporary absence, and the F-1/J-1 visa status will automatically expire regardless of the dates on the visa and the I-20/DS-2019. If a student must leave the U.S. for more than five months, they should consult the UIS about possible options for returning to the U.S. Be aware that returning after five months of absence is considered an initial entry, and restarts the clock to be eligible for benefits like CPT and OPT. Studying abroad for a semester is not considered an absence because the student remains enrolled full-time at the University of New Haven. 

VISA RENEWAL  

Visa expiration dates are determined by reciprocal diplomatic agreements and may vary from one country to another. An F-1/J-1 student may remain inside the U.S. even if their visa stamp has expired as long as their I-20 is valid. In order to re-enter the U.S. when traveling, however, the visa must not be expired. To renew the visa, a student must return to their home country and request renewal from the U.S. Consulate there. The UIS recommends students contact the U.S. Consulate in advance and plan appropriately so they can arrange their visa renewal during a trip home. The student should clarify if they have graduated and are on OPT because policies may be different for OPT students. The UIS can provide a Fulltime Status Letter to support the visa renewal request. 

It may not be possible to renew your visa in a third party nation. In Canada, for example, Many U.S. consulates do not entertain visa renewals from citizens of countries other than Canada. Always make an appointment in advance to renew your visa if you find a U.S. consulate who will entertain third-party applicants. If you don’t confirm in advance, you may be unable to renew in the third country and unable to re-enter the U.S, so you will have to travel home.

Consult with the UIS before traveling if you will be renewing your visa.

Change of Visa Status:   If a student changes immigration status from one visa status to another while in the U.S. by filing an I-539 application with the USCIS, his or her original entry visa is considered expired. To renew an entry visa, the student must return home and reapply at the U.S. consulate. 

The other way to change visa status is to return home and get the visa through the consular process. UIS recommends this option because it is faster than filing for a change of status in the U.S., especially if you are planning a trip home anyway. The I-539 change of status application takes 12 – 15 months for USCIS to adjudicate. 

REINSTATEMENT

There is a difference between your visa stamp in the passport and your visa status. Your visa stamp allows you to enter and re-enter the U.S. when traveling. Your visa status keeps you legal inside the U.S. It is possible to lose your visa status even though your visa stamp is unexpired. Your SEVIS Record is key to maintaining status, but it can be terminated for various reasons, such as dropping below the minimum FT credits mid-semester, failing to enroll full-time in consecutive semesters, or working without authorization. Your SEVIS record will also automatically complete itself on the program end date unless you request an extension prior. The SEVIS database functionality does not allow UIS to extend the SEVIS record after the program end date.  If your SEVIS record is completed or terminated, your visa status automatically ends despite the date on your visa stamp. 

Reinstatement by Travel and Re-entry:  To regain your F-1 visa status, the easiest method is to depart the U.S. and return on a new initial I-20 for the start of the subsequent semester. 

The benefits of travel and re-entry are:

• It is quick and easy. You can depart and re-enter the U.S. during a short time, and if you are planning to go home on break anyway, this fits well with your plans. 
• It provides a clean slate so that the termination and the count of visa overstay days no longer apply.
• You do not need to renew your visa stamp if it is unexpired.

The costs of travel and re-entry are:

• You have to repay the I-901 SEVIS fee on the new initial I-20 number. However, this is less than what you would have to pay to undergo reinstatement with USCIS.
• Re-entering the U.S. on an initial I-20 restarts the “clock” to be eligible for CPT and OPT. If you have only one semester left upon your return, you will not be eligible for OPT, which requires you to be enrolled for at least one full year prior to application.
• You have to renew your visa stamp if it is expired.

Contact the UIS for assistance. UIS will issue a new initial I-20 for you to travel and re-enter.

J-1 students may or may not be able to regain status by travel and re-entry, depending on their program parameters. They should consult UIS.

Reinstatement by Filing an I-539 with USCIS:  The other way to regain your visa status is by filing an I-539 form with USCIS. It is best to use an immigration attorney to assist you when filing an I-539, but legally you can do it yourself. Find out more about this form at www.uscis.gov/i-539. 

The benefits of filing the I-539 for reinstatement are:

• It buys you time if you just need to complete one semester and then you plan to go home. If you will have lost eligibility for OPT anyway, this may be less expensive than traveling. You can still return in the future to study a subsequent degree program.
• It stops the clock on counting visa overstay. DHS won’t seek to deport you for visa overstay.
• If reinstatement is approved by USCIS, you resume your study without penalty and the eligibility “clock” continues without restarting. It would allow a student to retain eligibility for OPT unless the student only has one semester left. In such a case, it is impractical because the I-539 adjudication takes 12-15 months.

The costs of filing the I-539 for reinstatement are:

• The I-539 application is tedious and requires substantial evidence to explain when and why you fell out of status. You need to update your financial certification documentation and you need to pay for biometrics (fingerprints).
• It takes 12- 15 months for USCIS to adjudicate the application, and there is no guarantee they will approve the application. For this reason alone, UIS does not recommend this option often.
• There is a short window of eligibility for reinstatement by filing the I-539. The application must be filed within 5 months of falling out of status. USCIS considers your last date of enrollment as the date you lost status. That would be 60 days after the program end date on the I-20 if you failed to extend on time, or the end of the last semester in which you were enrolled full-time, or the date you withdrew from credits that put you under the minimum FT requirement.
• If reinstatement is denied, you will be assessed a number of days of visa overstay, also called unlawful presence. If you accrue 6 months of unlawful presence, you will be barred from re-entering the U.S. on any visa status for three years. If you accrue 12 months of unlawful presence, you will be barred from re-entering the U.S. in any visa status for ten years.

Contact the UIS for assistance. UIS will issue a special I-20 for reinstatement for the I-539 application. 

The UIS is able to provide you with general guidance. However, any advice provided to you by our office does not constitute legal advice when filing with USCIS. This office will do its best to provide you with the most current guidance, but please be mindful that each case is fact-specific and we advise that you contact an experienced immigration attorney if you have questions regarding your situation.

I-20/DS-2019 Update or Reprint Request Form

Fulltime Status Letter

USCIS I-539 Application

If after reviewing this information, you still have questions, submit your inquiry to UIS via the General Inquiry Form. UIS will answer inquiries in the order they are received.