Regaining F-1 Status

Source: https://global.utexas.edu/isss/immigration/f-1/reinstatement Parent: https://global.utexas.edu/isss/immigration/f-1

If you violate your F-1 status you will need to take steps to regain your valid F-1 status. There are two ways to regain F-1 status: by application to U.S. Citizenship and Immigration Services (USCIS) or by international travel.

You should schedule an appointment with an international student advisor to discuss which option will be best for you.

• Important Points to Know

• When you violate F-1 requirements, you no longer have valid F-1 status and immediately lose all F-1 benefits (e.g., on-campus employment).

• Violating your status does not prevent you from enrolling and taking classes. In many cases, especially if you choose to regain F-1 status, you should continue to enroll according to F-1 enrollment requirements.
• There are two ways to regain F-1 status: application for reinstatement with United States Citizenship and Immigration Services (USCIS) or departure from the U.S. and re-entry on a new I-20.
• To minimize the negative impact on your immigration record, you should either depart the U.S. or apply for reinstatement with USCIS immediately.

### USCIS Applications

• If you apply for reinstatement by USCIS application, you will be eligible to apply for Optional Practical Training (OPT) and Curricular Practical Training (CPT) if you have been enrolled for at least two long semesters and you are reinstated back to F-1 status.
• Reinstatement applications can take 6 to 12 months or more plus mailing time to process. While the application is pending with USCIS, you may not leave the United States. If you depart the U.S., your reinstatement application will be considered abandoned.

### Regaining F-1 Status by Travel

• Your valid F-1 status (including eligibility to work on campus) resumes as soon as you reenter the United States, obtain a new I-94 record, and check-in with ISSS.
• If you regain your F-1 status by travel, you will not be eligible for Optional Practical Training (OPT) or Curricular Practical Training (CPT) until you have completed two longer semesters in the U.S. after your successful re-entry in F-1 status.
• You will always have a terminated record associated with you. Be sure to schedule ample time for you to go through customs upon each reentry to the United States and be prepared to explain the circumstances surrounding the termination of your F-1 record.
• Obtain a New I-20

Whether you wish to apply for reinstatement through USCIS or regain F-1 status via international travel, you first need to obtain a new I-20 from International Student & Scholar Services. If you wish to apply for reinstatement with USCIS, request your I-20 by completing and submitting our Request to Regain F-1 Status in myIO. - Eligibility for Reinstatement by USCIS Application

Reinstatement eligibility:

1. The student must not have been out of status for more than 5 months at the time of filing for reinstatement (or demonstrates that failure to file within the 5-month period was the result of exceptional circumstances).
2. The student must be able to prove that the violation of status resulted from circumstances beyond their control. Circumstances might include serious injury or illness, but do not include instances of a pattern of repeated violations.
3. The need for reinstatement did not result from "a willful failure on the part of the student."
4. The student is pursuing a full course of study or plans to pursue a full course of study in the next semester.
5. The student has not engaged in unauthorized employment.
6. USCIS Application Process

In order to apply for reinstatement, you must:

1. Write a letter including the following:
2. A brief history of your stay in the U.S. Explain and document any previous semesters in which you were registered for less than a full course load or any semesters in which you were not registered. Then, explain the circumstances which led you to be out of status.
3. That you are currently enrolled as a full-time student or that you intend to pursue a full course of study (9 hours for graduate, 12 hours for undergraduate students) for the next long semester.
4. That you have not been employed without authorization.
5. That your failure to maintain your student status was due to circumstances beyond your control and/or that failure to receive reinstatement would result in extreme hardship.

6. That you are not deportable on any other grounds (such as conviction of any crime).

7. Complete and submit the Request to Regain F-1 Status in myIO. An advisor will review it and follow up with feedback and instructions for filing your application with USCIS.

8. Notify ISSS of any updates on your reinstatement application and upload the following to myIO if/when you receive them:

9. I-797C receipt notice

10. Request for Evidence (RFE)
11. Denial notice
12. I-797A approval notice

13. Regaining F-1 Status by International Travel

14. Complete and submit the Request to Regain F-1 Status in myIO to request a new I-20.

15. Once you obtain a new I-20, you will need to pay the SEVIS fee for the new I-20. For more information about the SEVIS fee, please refer to the SEVIS Fee Frequently Asked Questions page.
16. If you do not have a valid, unexpired F-1 visa, you will be required to apply for one using your new I-20. It is also recommended that you check with a U.S. Embassy or Consulate office on whether your previous visa is still valid or not. We recommend that you make your visa application in your home country or country of residence. Please see our Visa information for more information on how to apply for a visa. Canadian Citizens: note that you are not required to have an F-1 visa in your passport.
17. You may enter the U.S. no earlier than the "Earliest Admission Date\  noted on your new I-20.
18. At the port of entry present your new I-20 and valid F-1 visa to the inspection officer.
19. A note about traveling to Canada or Mexico. Be sure that upon your return to the United States, the U.S. Customs and Border Protection inspection officer gives you a new I-94 entry record to indicate your new F-1 status. If you are not given a new I-94 record, you will be required to travel again to regain your status.
20. After you return to the United States in F-1 status you must review and print your I-94 information. The I-94 record must indicate “F-1” and “D/S.” Upload your I-94 to myIO > General Services > Immigration Document Update. Failure to upload your I-94 in a timely manner could lead to the termination of your F-1 record and cause you to again lose your valid immigration status.