Travel/Permanent Departure/Visa Overstay

Traveling as an F-1

Travel Within the United States

Travel within the United States (U.S.) and to United States territories is not restricted and no special documents are required. However, it is extremely important that you and your dependents carry your passport and visa documents with you when traveling in the U.S. in the event you need to present them to law enforcement officials.

Travel Outside the United States

Students should have a valid passport, F-1 entry visa, I-20 document, re-entry signature on page three of I-20, Documentary Evidence of Funding, and evidence of full-time enrollment at the University (transcripts and if applicable, Reduced Course Load Forms).

Permanent Departure from UMN Morris

The University of Minnesota Morris is required to notify Student and Exchange Visitor Information System (SEVIS) when a student is no longer enrolled at the institution. Whenever a student‘s record is terminated, SEVIS must be notified of the correct reason for departure (i.e., departed the U.S., changed status, etc.). The reason remains a permanent part of the record and may have an affect on a student‘s future eligibility to enter the U.S. Department of Homeland Security (DHS) regulations state that an absence from the U.S. of five months or longer constitutes a permanent departure, even if the student has maintained enrollment. Please inform the International Student Program of your situation as it pertains to your permanent departure from Morris.

Note: Departures of less than five months from the U.S. over the break periods or the summer vacation period do not need to be reported to the International Student Program.

Withdrawal from Program

A student who has elected to permanently withdraw from the program of study should consult with an International Student Program adviser before cancelling classes. Regulations require that a student obtain prior approval from the International Student Program before withdrawing. This will allow the student to be considered legally present in the U.S. for a period of 15 days from the date of withdrawal. It also insures that the student‘s SEVIS record is terminated with the correct termination reason.
Students may be able to arrange a leave of absence with Morris if they plan to resume the program of study in the future.
The I-20 will not be valid for entry into the U.S. after a student has permanently withdrawn from the program. Students who elect to resume the program of study at a later date will need to request a new I-20 from the International Student Program.

Suspension from Program

Suspension will be reported to SEVIS.
The I-20 will be cancelled as a result of the suspension and cannot be used for reentry into the U.S.
Consult with an International Student Program adviser regarding your options.

Completion of the Program of Study

SEVIS requires that students notify the International Student Program of their completion date and the date of their departure from the U.S.
This insures that a student’s departure from the U.S. is properly recorded on their SEVIS record.
Students who have completed a program of study have a 60-day grace period in which to depart the U.S.

Transfer to a New School

A student's SEVIS record must be electronically transferred to the new school before the new school can create an I-20.
Consult with an International Student Program adviser regarding intent to transfer and to determine a SEVIS “transfer release date”.
Students who have applications pending at multiple schools should not request a SEVIS transfer until the student has decided which school she/he will attend.

Change in Visa Status

F-1 students who change their visa status (i.e., to H-1B, F-2, J-1, Permanent Resident, etc.) and who may or may not continue their program of study should notify the International Student Program immediately. The International Student Program will ask for a faxed copy of the new status.
The International Student Program will terminate the individual‘s SEVIS record based on the change in status.

Violation of Legal Status

Violation of F-1 visa regulations results in the loss of legal status in the U.S. consequences include, but are not limited to:

Ineligible to work on the campus;
Ineligible to apply for or pursue Curricular or Optional Practical Training;
Ineligible to receive a Transfer Recommendation to attend a new school;
Ineligible to apply to Department of Homeland Security (DHS) for a change of visa status.

Regaining F-1 Legal Status

It is important that students discuss legal status issues with an International Student Program adviser. There are two ways in which a student may be able to regain legal F-1 status:

Submit a Reinstatement of Legal Status Application to DHS;
Reentry into the United States (U.S.) with a new “initial admit” I-20.

Students who are reinstated by DHS or who reenter with an “initial admit” I-20 will be required to enroll as a full-time student for at least one academic year before becoming eligible to apply for curricular or optional practical training.

Visa Overstay

Visa Overstay occurs in the following situations

A student has failed to complete a program of study and has allowed his/her I-20 to expire;
A student interrupts/ceases a program of study and fails to depart the U.S. immediately (break periods and summer vacation are not considered to be an interruption of studies;
A student has allowed the 60-day grace period to expire without having received a new I-20 to begin a new program of study or having submitted an application to DHS for a change of visa status.

Consequences of Visa Overstay

Student is considered to have violated legal status
The F–1 entry visa stamp is automatically void
All future U.S. entry visa applications must be made in the individual‘s home country
It may be extremely difficult to obtain future entry visas to enter the U.S.

Regaining F-1 Legal Status

It is important that students discuss legal status issues with an ISPAdviser. There are two ways in which a student may be able to regain legal F–1 status:

Reinstatement of Legal Status Application to DHS;
Reentry into the U.S. with a new “initial admit” I-20.

DHS Declaration of Unlawful Presence

If a DHS official or an immigration judge declares an individual to be unlawfully present in the United States as a result of the visa overstay, the unlawful presence will begin on the date of the DHS decision—not the date the individual violated his/her status.

Unlawful presence will have an effect on future eligibility for entry into the United States.

Individuals who have been unlawfully present in the U.S. for more than 180 continuous days but less than one year are barred from admission to the U.S. (under any visa type) for a period of three years from the date of departure;

Individuals who have been unlawfully present in the U.S. for one year or longer are barred from admission to the U.S. (under any visa type) for a period of 10 years.

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