Regaining F-1 Status
Reinstatement is an application submitted to U.S. Citizenship and Immigration Services (USCIS) by a student who has violated their F-1 status to request return to legal student status.
As a student in F-1 status, you are expected to comply with immigration regulations. If you fail to comply with these regulations, you will be "out of status". When you are out of status, you are no longer eligible for on-campus employment, practical training, recertification of your I-20 for re-entry to the US, or any other benefits of F-1 status.
The following are considered violations of your F-1 status:
- Failure to attend the school whose I-20 you used to enter the United States
- Failure to report to your school for initial registration in SEVIS upon arrival
- Failure to maintain full-time enrollment
- Failure to apply for a Program Extension before the completion date on your I-20, if you need more time to complete your current program
- Failure to obtain a new I-20 if you change your educational program or degree level
- Failure to obtain employment authorization
- Failure to report address changes to the ISS within 10 days of moving
- Failure to purchase health insurance
- Failure to report while on OPT status
Out-of-status students who wish to continue studying as an F-1 student at (or transfer into) SIUE must regain valid status.
Students have two options for regaining F-1 status: travel and re-entry or filing for reinstatement with USCIS.
Travel and Re-entry
When you travel to regain status, you are issued a new I-20 for "Initial attendance" with a new SEVIS ID number. You then leave the US and re-enter using the new I-20. When you enter the US and receive an I-94 marked "F-1 D/S", you will once again be in valid F-1 status. However, if you choose to travel to regain status, you will forfeit any time you have accrued toward practical training eligibility. You will need to be registered for one academic year in order to qualify for practical training.
Filing for Reinstatement
Eligibility Requirements
Reinstatement allows you the opportunity to regain valid F-1 status inside the U.S. by filing an application with USCIS. You may be eligible for reinstatement only if you:
- Are currently enrolled or intend to enroll for a full-time course load
- Can establish that the violation of status resulted from circumstances beyond your control
- Have not engaged in unauthorized employment
- Have not been out of status for more than 5 months at the time of filing reinstatement
- Can document sufficient financial resources to pursue a full-time course load
- Do not have a history of repeated violations
- Are not deportable from the US on any other grounds
Note that working in the US without appropriate authorization from ISSS or USCIS is a violation of your status that cannot be corrected through reinstatement. If you are in violation of your status due to unauthorized employment, you can only regain your status by departing the United States.
Application Procedure
Students must first request a new I-20 from ISSS. Note that although ISSS will issue the I-20 for reinstatement to eligible students, advisors do not review reinstatement applications and strongly advise students to consult with an experienced immigration attorney to complete their applications.
After requesting an I-20 from ISSS, the application for reinstatement is made by you directly to USCIS. If your request for reinstatement is approved, you are once again eligible for the benefits of F-1 status. If the application is denied, you will be notified and required to leave the US.
Processing times for reinstatement applications vary; however, it may take as long as 9 months for the application to be adjudicated. Although you must continue to study while the application is pending, you will not be eligible for any type of employment until the reinstatement is approved. Please contact your immigration advisor if you receive any updates from USCIS about your application status, including receipt notices and requests for evidence.
Instructions are below for completing a reinstatement application, including how to request an I-20 from ISSS and a list of documents required by USCIS.
