As F-1 Designated School Officials (DSOs), your ISSO advisors are responsible for updating your SEVIS record in accordance with U.S. Department of Homeland Security (DHS) regulation.

Boston University is required by federal regulation to terminate the student’s F-1 record in SEVIS within 21 days of the status violation. Once the violation is reported, you should speak to your ISSO Advisor right away about your options before and after the record termination. The ISSO will refer you to a knowledgeable immigration attorney.

Common examples of violations of F-1 status that result in the termination of a SEVIS record include, but are not limited to:

• Unauthorized drop below full course of study
• Unauthorized employment
  • beginning employment without the proper authorization
  • continuing to work past authorization expiration
  • working without authorization
  • exceeding the maximum authorized hours
• Suspension or dismissal
• Unauthorized withdrawal from the university
• Failure to enroll in classes in a required semester
• Failure to extend prior to the I-20 program end date

Once your SEVIS record is terminated:

• you are no longer in lawful F-1 student status
• you do not have a grace period to depart the U.S.
• you are no longer eligible for any F-1 benefits including:
  • participating in ANY employment. This includes on-campus employment, CPT, OPT or STEM OPT
  • receiving certain types of service-based scholarship aid
  • extension of status
  • receiving an I-20 signature for travel
  • eligibility to apply for a change of status from USCIS

There are two options for regaining your F-1 status, as follows:

1. F-1 Reinstatement

You may be eligible for reinstatement if:

• you will continue to enroll full time in a program of study
• you do not have a record of repeated or willful violations
• you have not worked without authorization
• you have been out of status for less than five months

In order to apply for reinstatement, you will need to establish that the status violation resulted from circumstances beyond your control or that it is related to a reduced course load for which you would have been eligible and that failure to approve the reinstatement will result in extreme hardship. If you choose to apply for reinstatement, you will need to submit a formal application to USCIS with the assistance of your ISSO advisor and an experienced immigration attorney.  If approved, your violation will be forgiven and you will be eligible to apply for or resume any F-1 benefits for which you qualify (including employment and travel). If it is not approved, you will be required to depart the U.S. within a period of time specified by USCIS. USCIS is currently taking 3-6 months to adjudicate reinstatements so this is only an option if you have sufficient time left in your program of study.

2. Travel to Regain Status

Request a new I-20 from the ISSO to travel outside the U.S.. Apply for a new F-1 visa (if required) and re-enter to begin a new F-1 status.  This method is often necessary for students who do not have time to apply for reinstatement or, students already out of the U.S. but cannot re-enter on their current I-20. Note that although you will be considered in valid F-1 status after re-entry, this option is not the same as reinstatement and does not forgive your past violation(s). Therefore, you will not be eligible for off-campus employment CPT or OPT until after you have maintained a full course of study for one full academic year after regaining your F-1 status.

As Responsible Officer (RO) or Alternate Responsible Officer (AROs) for Boston University’s J-1 Exchange Visitor program, your ISSO advisors are charged by the U.S. Department of Homeland Security (DHS) and U.S. Department of Status (DOS) with determining whether you are considered to be maintaining lawful J-1 status. If the ISSO determines that you are not maintaining lawful status, your J-1 immigration record will be terminated in SEVIS and you will need to take action to regain lawful status.

If you are considered to be ‘out of status’ you will not be eligible for any J-1 benefits (including participating in on-campus or off-campus employment, receiving certain types of service-based scholarship aid, extension of status, or receiving an DS-2019 signature for travel). In addition, you may not be eligible to apply for certain benefits from the USCIS (including U.S. employment authorization or a change of immigration status).

Please make an appointment with your ISSO advisor to discuss the circumstances of your case. Your options may include corrections to your record or an application for reinstatement.

It is important to note that applications for reinstatement to J-1 status are NOT allowed if you have:

• Knowingly or willfully failed to obtain or maintain the required health insurance at all times while on your J-1 program;
• Engaged in unauthorized employment that is not normally approvable for J students or scholars;
• Been suspended or terminated from your most recent exchange visitor program;
• Failed to maintain valid program status for more than 270 days; or
• Received a favorable recommendation from the DOS on an application for a waiver of the 2-year home country physical presence requirement.

If you cannot be reinstated, you will unfortunately not be permitted to continue in your J-1 program at BU.

There are no provisions allowing for reinstatement of status for individuals in immigration classifications other that F-1 or J-1. Therefore, if you have violated the terms of your status and are considered to be ‘out of status’, we recommend that you speak with your ISSO advisor and/or an immigration attorney as soon as possible to strategize a legal solution.