Regaining F-1 Status

Regaining F-1 Status

If you fail to maintain your status, you are ineligible for any of the benefits of F-1 status (for example, 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. We have listed options below

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 of a campus advisor, but do not include instances where a pattern of repeated violations or a willful failure on your part resulted in the need for reinstatement

If USCIS approves the reinstatement request, the adjudicating officer will update your SEVIS record to indicate that you have been reinstated to F-1 status. If USCIS does not approve the reinstatement request, you may not appeal the decision and need to prepare to leave the U.S. immediately.

Please note that processing time vary widely for reinstatement applications. Currently we are seeing 13-18 months!

Reinstatement Application Procedure

  1. We strongly suggest meeting with an international student advisor in CIE to discuss your options
  2. Review and submit your Reinstatement I-20 Request by completing the request form. 
  3. CIE will email your new I-20 to your horizon email account within 2-4 business days.
  4. Prepare your reinstatement application following the list of documents. Submit your reinstatement application to USCIS by mail. Mail the following documents to the USCIS Lockbox.
    • Form I-539 (write “REINSTATEMENT” at the top of the form)
    • Form I-539 filing fee paid by money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
    • Photocopies of all previously-issued I-20s.
    • Original I-94 (the white card stapled inside your passport) or I-94 printout obtained at https://i94.cbp.dhs.gov/I94/.
    • Photocopy of new Reinstatement I-20 signed by a CIE advisor.
    • Evidence of source and amount of financial support.
    • A letter requesting reinstatement to F-1 student status which explains your situation and truthfully states that failure to maintain status was due to any or all of the reasons previously listed.
    • Supporting documentation if any
    • Current transcript and transcripts from other U.S. schools previously attended.
    • Photocopy of passport identification and visa pages; do not send your passport.
    • Completed G-1145 Form (optional; it signs you up for email/text message notification of your application’s arrival at USCIS).
  5. Keep a copy of your entire application for your records. 
  6. Provide a copy of your USCIS receipt to cie@csueastbay.edu

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. You may do this by obtaining a new I-20 from the school you are currently attending or wish to attend after departing the U.S., applying for a new F-1 visa, and returning to the U.S.

 A re-entry to the U.S. after a status violation is viewed by Immigration as “initial attendance” in F-1 status. As such, you are bound by restrictions placed on new students, such as re-entry into the USA can't occur until 30 days before the program start date and the academic year waiting period for eligibility for practical training.

To request a new I-20 for travel and reentry:

  1. We strongly suggest meeting with an international student advisor in CIE to discuss your options
  2. Review and submit your Reinstatement I-20 Request by completing the request form
  3. CIE will email your new I-20 to your horizon email account within 2-4 business days.