Reestablishing F-1 Status

Reestablish your F-1 Status in order to continue lawfully pursuing your studies in the U.S.

F-1 International Students

When you are admitted to the United States in F-1 status, you must meet set requirement in order to maintain status.

Failure to do so may result in a violation of status, and the need to reestablish your status in order to continue pursuing your degree in the U.S.

There are 2 ways to gain F-1 Status after a violation or loss of legal status: depart the U.S. and return with a new Form I-20 and SEVIS record, or, remain in the U.S. and apply for Reinstatement to F1 Status with USCIS.

You may gain F-1 Student status one of 2 ways:

Leaving and reentering the U.S. with a new Form I-20 

Students will need to request a new form I-20 by submitting the Application for Form I-20 and proof of sufficient funding.

When you chose to travel and re-enter with a new SEVIS Form I-20:

  • You will be considered an initial student.
  • You will have to pay the I-901 fee for this new SEVIS record.
  • You will lose any time that you have accrued toward qualification for CPT or OPT benefits.
  • You must have a valid F-1 Visa in order to re-enter. If your F-1 Visa has expired, you will be required to renew this while abroad.

Traveling and re-entering the US will grant individuals F-1 Student status immediately upon re-entry to the US (as long as they enter with the Form I-20 and a valid F1 Visa). This is a more immediate option to gain F-1 status, versus applying for reinstatement with USCIS (applications may take up to 12+months for a decision, and approval is not guaranteed). 

Applying for reinstatement to F-1 Status through USCIS

All students considering reinstatement must review this information carefully and discuss their options with an international adviser prior to applying. Processing time for reinstatement applications with USCIS can be 8-12+ months.

You are considered to be in lawful status in the U.S. while your application is being processed, but you must continue to maintain the requirements for F1 status during the application process. You are required to continue to study full time, but you are not eligible to work on or off campus.

If you depart the U.S. while your application is pending, USCIS will consider that you abandoned your petition, and your application will be denied. In this situation, if you wish to return to the US in F1 Status, you should contact the OGI to obtain a new, initial status Form I-20, in order to apply for an F1 Visa and enter the US with the F1 Visa and Form I-20.

If your request for reinstatement is denied, you will have to depart the U.S. immediately.

Additionally, following a reinstatement denial, there is an official record of a "violation of status" in your immigration record.  Status violations can impact eligibility for future immigration benefits, such as adjustment of status.

Eligibility:

  • You must be pursuing, or intend to pursue, a full course of study.
  • Have always had proper authorization while being employed.
  • Can establish that the violation of status resulted from circumstances beyond your control, or that failure to be reinstated would result in extreme hardship.
  • Are not deportable on any other grounds.

How to apply:

Step 1: Request a reinstatement I-20 from OGI. Submit the following documents:
  1. Reinstatement request form
  2. Financial Statement and proof of sufficient funding.
  3. Letter from the student to USCIS explaining the circumstances of their violation and the reasons to be reinstated.
Step 2: After you have received your new I-20, submit a complete application to USCIS:
  1. Form I-539 : Part 2 item 1 of the Form I-539 must indicate that you are applying for reinstatement. Form I-539 has a "Reinstatement to student status" checkbox at item 1.c. for this purpose. The word "REINSTATEMENT" should be written at the top of the form to further distinguish it from other uses of Form I-539.
  2. Filing fee. 
  3. Copy of new reinstatement form I-20: don’t forget to sign it. Send a copy of the form and keep the original.
  4. A letter from you explaining the situation and requesting a reinstatement (see details below).
  5. Copy of the new financial support documents that supported issuance of the reinstatement Form I-20.
  6. Form I-94: www.cbp.gov/I94
  7. Proof of enrollment in a full course of study and your most recent transcript.
  8. Copy of the biographical and visa pages of your passport.
  9. Any other documentation that might help establish the nature of the violation, to document that the violation occurred less than 5 months ago, or to justify why it should be accepted even if the violation occurred more than 5 months ago, and that you are pursuing or intending to pursue a full course of study.
  10. If you have been out of status for more than 5 months you are required to submit proof of payment of the SEVIS I-901 fee.

Your letter to USCIS

Your letter to USCIS is very important to this application; this is your chance to explain to the government why you violated your status. This information is meant to serve as guide; you may or may not use these suggestions to write your letter.

The letter should establish convincingly that the violation resulted from circumstances beyond your control or relates to a reduction in course load that would have been within the international student adviser’s power to authorize. If related to a failure to obtain a reduced course load authorization, the letter will also have to establish the nature of the extreme hardship the student would face if reinstatement were not granted.

Your letter does not need to be long or complicated; it can be divided into 3 main paragraphs:

Paragraph 1: Explain if the violation of status was due to a situation beyond your control, or that your international adviser would have granted you a reduced course load.

Paragraph 2: Plea your case! Explain why your deserve reinstatement to F-1 status.

Paragraph 3: Explain what would happen if you don’t get reinstated.

Mailing Instructions to USCIS

Look on the USCIS website for the direct filing addresses for Form I-539.

OGI recommends that students make a photocopy of all documents in their application package prior to shipment, and send the application with a tracking number or delivery confirmation requested.

USCIS officials may mail a Request for Further Evidence to your U.S. address if they require any additional information. Contact OGI immediately if you receive any notices.