If you fail to maintain status, you are ineligible for any of the benefits of F-1 status (ex. employment authorization, travel signatures, on-campus employment).
There are two ways to regain status: apply for reinstatement or travel and re-enter the United States.
The process to regain valid F-1 status can be challenging, stressful, time consuming, and financially cumbersome. We want to discuss your options with you. We also encourage you to contact an immigration attorney so you can make an educated decision and consider the risks with both options.
Schedule an appointment with your international student advisor to discuss both options.
Basic immigration regulations
- Be enrolled and attend classes full-time at the school listed on your current Form I-20. Full-time is 12 or more credits per semester for undergraduate students, and 8 or more credits per semester for graduate students. Exceptions to the full-time requirement must be authorized in advance by ISPS
- Complete your studies before the program completion date listed on your I-20
- Keep your I-20 valid by following proper procedures for a program extension, reduced course load, change in educational level, change in field of study, and transfer of schools
- Remain in the U.S. for no longer than 60 days after completing your current program of study or after completing an authorized period of practical training
- Keep your passport valid at all times unless you are exempt from the passport requirement
- Accept no employment except that which is authorized in accordance with the immigration regulations
- Report any change of address or phone number to ISPS within 10 days of the change
Option 1. Travel and reentry
Before receiving an INITIAL I-20 with a new SEVIS number, you would need to provide updated documents, these include:
Option 2. Reinstatement
This option allows you to stay in the country while USCIS is reviewing your reinstatement application and while you are still enrolled and attending classes full-time. This option costs you money and could take between 12-18 months to be resolved. During the review period, you are not eligible to leave the country unless you want to abandon your reinstatement application and choose Option 1.
To request reinstatement, you must meet the following guidelines:
- Have not been out of status for more than five (5) months at the time of filing the request for reinstatement (or demonstrate that the failure to file within the five-month period was the result of exceptional circumstances and that you filed for reinstatement as soon as possible under these circumstances)
- Do not have a record of repeated or willful violations of immigration regulations
- Are currently pursuing, or intending to pursue, full-time course of study in the immediate future at the school which issued the Form I-20
- Have not engaged in unauthorized employment
- Are not deportable on any ground other than overstaying or failing to maintain status
In addition to the above mentioned guidelines, you must also meet the following:
- The violation of status resulted from circumstances beyond your control. Such circumstances might include serious injury or illness, a natural disaster, or inadvertence, oversight, or neglect on the part of your DSO, but do not include instances where a pattern of repeated violations or a willful failure on your part resulted in the need for reinstatement
- The violation relates to a reduction in your course load that would have been within the international student advisor’s authority to authorize, and that failure to approve reinstatement would result in extreme hardship to you
Reinstatement checklist
- Form I-539
- Check or money order for filing fee, made payable to “U.S. Department of Homeland Security”
- Copies of all previously issued I-20s (including from any previously attended English language programs or other institutions other than St. Francis)
- I-94 printout
- Copies of financial support documents
- Copy of passport
- Copy or transcript and current (or future) course registration
- A letter from you requesting reinstatement to F-1 status explaining your circumstances. You should explain that the violation of F-1 status resulted from circumstances beyond your control and/or that the failure to be reinstated would result in extreme hardship. Attach any additional supporting documents.
- Copy of reinstatement I-20 from ISPS
Frequently Asked Questions (FAQs)
What is the major difference between the two options?
Students who are reinstated continue in their previous F-1 status. Students who choose travel and reentry are considered initial status students. This is most important when considering eligibility for Optional Practical Training or Curricular Practical Training. Students who reenter using a new I-20 will be required to complete one academic year before becoming eligible to apply for off-campus employment.
What are the costs associated with each option?
Reinstatement in the U.S: USCIS charges an I-539 application fee.
Travel and reentry: There is the SEVIS fee, plus any expenses incurred for travel and visa applications.
Which option is the least risky?
Each option has its risks. If your application for reinstatement is denied, you will be required to depart the U.S. immediately. If you are denied re-entry at the border, you may be required to return home immediately from the port of entry.
May I continue to study while my application for reinstatement is pending?
Yes, you must continue to study full-time in order to maintain your F-1 status.
May I continue to work on-campus while my application for reinstatement is pending?
No. Once it is determined that you have violated your student status, you must stop working immediately.
How long will the reinstatement process take?
Reinstatement applications take approximately six to nine months, and as long as one year and sometimes longer.