Applying for F-1 Reinstatement

A student who has failed to maintain F-1 status may apply to USCIS to be reinstated to lawful F-1 status. Reinstatement is granted in limited conditions as specified in Department of Homeland Security regulations, and at the discretion of USCIS.

Certain nonimmigrants are not permitted to apply for reinstatement of their F-1 status while in the United States. Such nonimmigrants may still be eligible for F-1 status, but the only way they can get F-1 status is through obtaining an F-1 visa and re-entering the United States.

A reinstatement application requires complex analysis, and may significantly impact the student's immigration status and eligibility for future immigration benefits.

Students needing advice and help planning and adopting strategy related to their reinstatement and application to USCIS must make an appointment to meet with an advisor in the Center for International Studies.

In certain circumstances, the Center for International Studies may recommend a student consult an immigration attorney.

Eligibility for Reinstatement

Under federal regulation, an F-1 student is only eligible for reinstatement if all of the following conditions apply:

  • Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);
  • Does not have a record of repeated or willful violations of the Service regulations;
  • Currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20;
  • Has not engage in unauthorized employment;
  • Not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act. 

Consideration

  • See USCIS Form I-539 processing times
  • Students must maintain full-time enrollment while the reinstatement application is pending.
  • Pending reinstatement students are not eligible for any F-1 student benefits unless and until reinstatement is approved.
  • Travel outside of the US is not recommended while the reinstatement application is pending may be considered an abandonment of the application.
  • If approved, you are once again eligible for F-1 student benefits. Contact ISSS for a new I-20.
  • If denied, you must depart the US otherwise you will begin to accrue unlawfully presence in the US. Your Denial Notice will inform you of your options. 

Additional Information

For information on changing to a Nonimmigrant F Student Status, visit the USCIS Form I-539 page.

For immigration information and attorney resources, visit the Immigration Law & Compliance website.