Regaining legal immigration status

If you fail to maintain status, you are ineligible for any of the benefits of F-1 status (for example, you may not work on campus or apply for employment authorization). There are two ways to regain status: apply for reinstatement or depart the U.S. and seek a new admission to the U.S. in F-1 status.

The process to regain valid F-1 status can be challenging and you need to discuss your options with IPO. You may also want to consider contacting an immigration attorney so you can make an informed decision and consider the risks with both options.

Option 1: Reinstatement

When requesting reinstatement, you must establish to the satisfaction of United States Citizenship and Immigration Services (USCIS) that you:

• Have not been out of status more than 5 months at the time of filing the request for reinstatement (or demonstrate that the failure to file within the 5-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, a full 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.

You must also establish that:

• 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 ISS adviser, but do not include instances where a pattern of repeated violations or a willful failure on your part resulted in the need for reinstatement. or
• The violation relates to a reduction in your course load that would have been within the international student adviser’s authority to authorize, and that failure to approve reinstatement would result in extreme hardship to you.

If USCIS approves the reinstatement request, the adjudicating officer will endorse your I-20 to indicate that you have been reinstated and will return the I-20 to you. If USCIS does not approve the reinstatement request, you may not appeal the decision and need to prepare to leave the U.S. immediately.

Reinstatement Application Procedure

1. Submit updated financial support documents to the International Programs Office to request a new I-20. (Financial support documents must be in English, clearly state the account holders name and currency, be dated no more than 6 months old). A new I-20 will be issued in 2-3 business days.
2. Prepare your reinstatement application following the list of documents below.
   • Completed G-1145 Form
   • Form I-539 (write “REINSTATEMENT” at the top of the form)
   • Check or money order made payable to “U.S. Department of Homeland Security” for the reinstatement filing fee
   • Photocopies of all previously-issued I-20s
   • Copy of your I-94 record: https://i94.cbp.dhs.gov/I94/
   • Photocopy of new Reinstatement I-20 (make sure you have signed your I-20!)
   • Copies of financial support documents
   • A letter requesting reinstatement to F-1 student status
     • This letter should explain your situation and truthfully states the failure to maintain status
   • Supporting documentation (for example, a letter of support from a faculty adviser familiar with the circumstances of your case)
   • Current YSU transcript
   • Photocopy of passport identification and visa pages (do not send your actual passport)
3. Submit your reinstatement application to USCIS by mail.

Keep a copy of your entire application for your records. Send your application to:

For FedEx, UPS, and DHL deliveries (RECOMMENDED!!):

USCIS
ATTN: I-539
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

For U.S. Postal Service (USPS):

USCIS
P.O. Box 660166
Dallas, TX 75266

Option 2: Travel and Reentry

In some cases, it may be advisable to depart the U.S. and re-enter with a new I-20 rather than applying for reinstatement. If you decide to travel, you must obtain a new I-20 from IPO and then depart the U.S. If your F-1 visa has expired or was issued for another school, you must apply for a new F-1 visa at a U.S. Embassy before returning to the U.S.

To request a new I-20 for travel and re-entry, submit updated financial support documents to the International Programs Office. (Financial support documents must be in English, clearly state the account holders name and currency, be dated no more than 6 months old). A new I-20 will be issued in 2-3 business days.

Frequently Asked Questions

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 re-enter are considered initial status students. This is most important when considering eligibility for Optional Practical Training or Curricular Practical Training. Students who re-enter using a new I-20 will be required to complete one academic year before becoming eligible to apply for off-campus employment authorization.

What are the costs associated with each option?

Reinstatement in the U.S: USCIS charges an I-539 application fee.
Travel and reentry: You may pay the SEVIS fee, plus any expenses incurred for travel and visa applications

Which option is the least risky?

Each option has 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 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 five to seven months, or even longer. There is no way to expedite an application for reinstatement.

Can I re-enter from Canada or must I return to and reenter from my home country?

Reentry from Canada is fine; however, you must already have a valid visa to enter Canada, if needed. The Canadian Consulate will not issue an entry visa to students with “initial attendance” I-20s.