Reinstatement Information

Reinstatement Information

Maintaining status is important for F-1 students. If a student has violated their F-1 student status, there are two options to regain legal status:  

1. Reinstatement – an application to the U.S. Government   
2. Travel – Student must request a “new I-20 ", leave the U.S. and re-enter using the new I-20. This option may also require a new visa.     

REINSTATEMENT BY APPLICATION TO THE U.S. GOVERNMENT  
Reinstatement is an option for an F-1 student who fails to maintain status and wishes to regain status without leaving the U.S. The application can take several months to process, and the student cannot work on campus while the application is pending.  If the application is approved, the current SEVIS record (I-20) is reinstated, and the student is immediately eligible once again for all F-1 benefits that they qualify for.  

Eligibility criteria:  

• cannot have been out of status for more than 5 months at the time of filing for reinstatement (An exception may be if the student can demonstrate exceptional circumstances or situation, and they are filing as promptly as possible.)  
• does not have a record of repeated or deliberate violations of USCIS regulations   
• is currently registered or intending to register in a full course of study in the immediate future  
  has not engaged in unauthorized employment  
• is not deportable on any other grounds; and  
• establishes to the satisfaction of USCIS by a detailed explanation showing either that:  
  • the violation of status resulted from circumstances beyond the student’s control (such as serious injury or illness, closure of school, a natural disaster, or a mistake made by the international student advisor) OR  
  • the violation relates to a reduction in course load that would have been in the international student’s academic advisor’s power to authorize, and failure to approve reinstatement would result in extreme hardship to the student.  

APPLICATION PROCESS  

Application Process:    

• Submit a personal letter explaining circumstances that caused the out of status.  
• Complete USCIS Form I-539 for “reinstatement” following USCIS instructions.  
• Pay the $370 application fee and the $85 biometrics service fee (per person in application as an applicant or co-applicant); Complete Form G-1450 to pay by credit card OR submit a check/money order made payable to U.S. Department of Homeland Security.  
• U.S. DHS will schedule and notify the student of their biometric screening appointment at a local application support center.   
• Request an I-20 and show proof of finances.  
• Pay form I-901 SEVIS fee, if applicable (SEVIS fee is not required if applying for reinstatement and out of status is less than five months).  
• Submit complete application to U.S. Government (USCIS). Processing times are unpredictable (can be 5~7 months).  

Benefits:  

• Student maintains their status as a student if reinstated.   
• Student can and should remain in the U.S. while reinstatement application is in process.  

Consequences:  

• If reinstatement is denied,   
  • the student must be prepared to leave the U.S. immediately.  
  • the visa used to enter the U.S. is automatically canceled, and the student may be permanently limited to applying for a nonimmigrant visa in the future in their home country.  

REINSTATEMENT BY RE-ENTRY FROM HOME COUNTRY  
If a student is not eligible or an unsatisfactory candidate for reinstatement, they have an alternative method to regain student status by re-entry from their home country. A student can make the choice to leave the U.S. and attempt to return. Prior to leaving the U.S., the student will need to obtain a new I-20 marked “Initial Attendance” and use the new I-20 to re-enter the U.S. After making a new entry, the student will start their student status all over again.  

Process for Students Who Re-enter the U.S.:  

• Request a new initial I -20 and show proof of finances.  
• Pay form I-901 $350 SEVIS fee.  
• Travel outside of the U.S. and re-enter to regain legal F-1 status.  

Benefits:  

• If a student already has planned to travel home, regaining status by re-entry is quicker and easier than applying for conventional reinstatement through application to the U.S. Government.  
• No application or fee is required.  
• Upon re-entry and check-in with ISSO, the status is restored, and allows students to resume an assistantship or engage in on-campus employment.  

Consequences:  

• The student would not be able to apply for Optional Practical Training if they are close to completing their degree. With new entry the student must wait/maintain student status for one full academic year before regaining eligibility to apply for practical training or any off-campus work authorization.  
• Risk of visa denial if student needs to apply for a new F-1 visa.  
• Risk admission into U.S. being denied at port-of-entry (even if they are in possession of valid new I-20, passport, and F-1 visa).  
• Pay the $350 SEVIS fee prior to re-entering the U.S., or before applying for an F-1 visa (if new visa is required).  
• Re-entry to the U.S. is limited to no earlier than 30 days before the new I-20 program start date.