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Center for International Education

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Student Services » Immigration Information » Reinstatement to F-1


Reinstatement to F-1 Status

Students from time to time fall out of status. This is a polite way of saying that a student has broken the rules and is illegal. Often this comes about through an innocent misunderstanding on the part of a student or a student has been given incorrect information. But no matter what the cause, DHS says it is the responsibility of the student to maintain their legal status.

The consequences of falling out of status can be severe and call for quick action on the part of a student to regain their status.

How Do You Fall Out of Status?

The following are some of the most common reasons that students fall out of status. This is not an exhaustive list but will give some idea of how easy it is to break the rules.

  • Failure to complete a full-time class load or its equivalent each Fall and Spring semester.
  • Not attending a Fall or Spring semester and remaining in the U.S.
  • Unauthorized employment.
  • Failure to complete a transfer of school notification with DHS.
  • Failure to complete a notice of change in degree level with DHS.
  • Failure to obtain an extension of current program in a timely fashion.

What Happens if You Fall Out of Status?

When you fall out of status you lose all of the benefits of the F-1 status. You are no longer able to work on campus. For GAs this means that the University can no longer pay your salary or waiver your tuition. All off-campus employment authorization is cancelled. You are no longer eligible to apply for any kind of practical training. Difficulties in transferring schools will be encountered. It is also possible that you may be asked to leave the U.S. You can and should remain enrolled full-time in classes. Being out of status has no impact on your academic career.

What should I do to get back into legal status?

There are two options available to students who want to get back into legal status?

  1. Apply to USCIS for reinstatement to legal status.
  2. Leave the U.S. and re-enter with a new I-20. You must have a valid visa to re-enter.

How to Apply for a Reinstatement

There are two steps in the process:

  1. Obtain a new I-20. This is done by filling out the I-20 request form and submitting all your old I-20’s and new financial documents, which must not be older than 6 months. Financial documents can include assistantship letters, bank letters, etc. You must also include your academic history and a current semester schedule as proof of full-time status.
  2. Once the new I-20 is issued, there are several other documents that need to be submitted for the reinstatement. These include:
    • I-539 (available at CIE)
    • Letter of explanation
    • Other letters of support for the reinstatement
    • Original I-94 Fee

The letter is very important. It should clearly explain the problem, show how it has been resolved or was beyond your control, and indicate that you are a current student.

If approved you are reinstated to legal status but it does not mean all is forgiven. If the reinstatement is denied, there are possible serious consequences:

  • Your visa stamp in your passport is automatically cancelled.
  • For the rest of your life, you will have to apply for a U.S. visa from your home country.
  • You begin to accumulate days of "unlawful presence." This can potentially bar you from the U.S. for either 3 or 10 years.

Quick Checklist for Reinstatement Application Packet:

  • I-539
  • A new I-20 for reinstatement
  • All old I-20s
  • Letter of explanation
  • Other letters of support
  • New financial documents
  • Original I-94
  • Academic history
  • Proof of current semester schedule as a full-time student
  • Fee $200.00

Exiting and Re-entering

If you choose to travel, you must obtain a new I-20 (refer to Step 1 in Reinstatement Process) and have a valid visa to re-enter. Upon re-entering, you will be placed in legal status once you obtain a new I-94 at the port-of-entry. However, all time requirements, such as the academic year rule for practical training, are reset to zero. Also attempting to go to Canada, Mexico, or islands in the Caribbean present special problems. Be sure to talk to an advisor at CIE before you leave the U.S. and attempt this procedure.