Reinstatement of F-1 Student Status

F-1 students must comply with the requirements of their nonimmigrant status. A student who fails to maintain status, such as by dropping below a full course load without authorization, failing to maintain a valid Form I-20, or engaging in unauthorized employment, may fall out of F-1 status and lose related benefits.

Once a student is out of status, prompt action is important. There are generally two options for addressing the violation: requesting reinstatement from USCIS while remaining in the United States or leaving the United States and seeking admission again with a new F-1 record.

Reinstatement Through USCIS

An eligible student may request reinstatement by filing Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. The student generally must have been out of status for no more than five months when the request is filed. If more than five months have passed, the student must establish that exceptional circumstances caused the delay and that the request was filed as promptly as possible.

USCIS also considers whether the student has repeatedly or willfully violated immigration requirements, is pursuing or intends to pursue a full course of study, has not engaged in unauthorized employment, and is not subject to other grounds of deportability.

The student must generally show that the status violation resulted from circumstances beyond the student's control. A qualifying course-load reduction that could have been authorized by the Designated School Official (DSO) may also support reinstatement if denial would cause extreme hardship.

What to File

A reinstatement request generally includes:

• Form I-539 and the applicable filing fee.

• A Form I-20 recommending reinstatement, issued by the DSO.

• A detailed personal statement explaining the status violation.

• Evidence supporting the circumstances that caused the violation.

• Form I-94 and passport documentation.

• Evidence of financial support and academic records, as appropriate.

The explanation and supporting evidence should directly address why the violation occurred and why reinstatement should be granted.

While Reinstatement Is Pending

Students should continue following the requirements of their intended F-1 program while the application is pending. A student with a pending reinstatement application cannot engage in any employment until reinstatement is approved.

Travel also requires particular caution. Leaving the United States while a reinstatement request is pending can result in abandonment of the application. A student considering international travel should understand the immigration consequences before departing.

USCIS also recognizes that a timely filed reinstatement request can affect the calculation of unlawful presence while the application is pending. If reinstatement is ultimately approved, certain periods spent out of status may also receive protection under the applicable rules.

Reinstatement Is Not Guaranteed

USCIS has discretion to approve or deny a reinstatement request. A denial can have significant consequences, including the need to leave the United States and potential complications with future visa applications.

Because the timing, reason for the violation, enrollment history, employment history, and supporting evidence can affect eligibility, students should address an F-1 status violation as soon as possible.

For assistance evaluating an F-1 status violation or preparing a reinstatement application, contact Tran Flores Law at (512) 894-9984.