Reinstatement of Status

F-1 students who have not followed USCIS regulations are considered out of status. They may be able to regain status by one of two methods.

Reinstatement by Travel and Re-entry

The F-1 student may elect to leave the U.S. and then re-enter with a new Initial Attendance I-20. Re-entry with this I-20 will allow the student to re-establish her/his F-1 standing. However, until the student has maintained status for 9 months from the time of re-entry, the student will not be eligible for off-campus employment. To obtain a new I-20 for the TRAVEL option, you must submit the Request for I-20 Form along with proof of financial support.

Reinstatement in the U.S.

If the student does not wish to travel, then she/he may apply to the U.S. Citizenship and Immigration Services (USCIS) for reinstatement to student status. Reinstatement is possible only if the student:

  • Can establish "that the violation of status resulted from circumstances beyond the student's control or the violation relates to a reduction in course load that would have been within DSOs power to authorize and that failure to receive reinstatement to lawful F-1 status would result in extreme hardship to the student;" [USCIS]
  • Is currently pursuing, or intending to pursue, a full course of study at the school which issued the FORM I-20 A-B
  • Has not engaged in unauthorized employment and is not deportable on any ground other than section 241 (a)(1)(B) or (C)(i) of the Act [overstaying or failing to maintain status]. [8CFR 214.2(f)(16)]
  • Has not been out of status for more than 5 months at time of filing request (unless student provides substantial reasons for delay)
  • Does not have a record of repeated or willful violations

Reinstatement Application Packet

If the student decides to proceed with the reinstatement option, then s/he should gather the following for the application packet:

  • Check for $300 made out to the "Department of Homeland Security"
  • Original of form I-94
  • Form I-539 (available at IES; to be completed in black ink)
    • F-1 Reinstatement should be written across the top of the form
    • F-1 Reinstatement should be entered in Part 2 / Question #1
  • Letter from student explaining failure to maintain status
  • Any additional documents or statements to support case
  • Original New Form I-20 issued with the notation "Reinstatement"
    (make sure that you sign and date the I-20 in section 11 before you send it!)
  • Transcript or other proof of current full-time enrollment
  • Photocopies of all old I-20's
  • Proof of financial support for remainder of academic program
  • Photocopies of your passport number/photo/expiration date page(s)

Make photocopies of each item in the application packet for your records and then mail the entire packet (by certified or return receipt mail/courier service) to:

U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

NOTIFICATION OF USCIS DECISION
A student will eventually receive notification from USCIS as to whether or not s/he has been reinstated. If the student has been reinstated to F-1 status, then s/he will be eligible for F-1 benefits as long as s/he had maintained F-1 status for at least 9 months before the violation. PLEASE CONTACT YOUR INTERNATIONAL STUDENT ADVISOR AS SOON AS YOU RECEIVE THE DECISION FROM USCIS.