Having a SEVIS record terminated is one of the most stressful challenges an international student can confront. When out of status, departure seems imminent and future U.S. visa eligibility hangs in the balance. The case of N.T.H proves that timely action and rigorous evidence presentation make reinstatement achievable.
1. Factual Circumstances & Legal Exposure
Client N.T.H was enrolled in an undergraduate degree program in Georgia. Between semesters, unexpected financial disruptions at home delayed international tuition wire transfers by approximately 3 weeks.
Following automated school procedures, the institution's DSO terminated the student's SEVIS record for non-enrollment/non-payment. The student immediately fell out of lawful nonimmigrant status, facing departure demands within 15 days.
2. Legal Criteria for F-1 Reinstatement (8 CFR § 214.2(f)(16))
- The application is filed within 5 months of falling out of status (or exceptional circumstances existed).
- No record of repeated or willful immigration violations.
- Current or prospective full-time enrollment at an SEVP-certified institution.
- No unauthorized employment in the United States.
- Crucial Prong: Establishing that the status lapse resulted from circumstances beyond the student's control.
3. Strategic Approach by PN Immigration
- Institutional Reinstatement I-20: Worked directly with accepting university DSOs to issue a Form I-20 explicitly endorsed for Reinstatement.
- Objective Evidence Corroboration: Gathered certified banking records proving cross-border financial interruptions.
- Persuasive Legal Affidavit: Drafted detailed sworn declarations substantiating that the lapse was entirely beyond student control.
- Meticulous Form I-539 Filing: Indexed all exhibits, proof of maintenance of status prior to termination, and complete financial sponsorship (Form I-134).
4. Adjudication Outcome & Takeaway for Students
Following 4.5 months of review, USCIS granted full Form I-797 Approval. The SEVIS record was reactivated, maintaining an unblemished immigration history.
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