Blog: Out of Status or SEVIS Terminated: Your Two Paths, Explained
Maintaining F-1 status is crucial for international students in the United States. However, unintentional violations can lead to the loss of this status. In such cases, it is vital to act quickly, as there is no grace period for students who fall out of status. To resume F-1 status, students have two options: (1) reinstatement and (2) traveling abroad and reentering the United States. The reinstatement process can be complex, and it is advisable to consult with your International Student Services (ISS) adviser at your university or an immigration expert to enhance the likelihood of approval.
1. Regaining F1 Student Status
While it's relatively easy to secure an F1 visa to study in the U.S., maintaining that status can sometimes be a challenge. Students might lose their F1 status due to various reasons such as missing classes, insufficient credits, poor academic performance, or unauthorized employment. Unfortunately, many people underestimate the importance of maintaining their visa status.
🌟To regain your F1 status, there are mainly two options:
- Apply directly for F1 Reinstatement through USCIS.
- Leave the U.S. to acquire a new F1 visa and then re-enter.
2. Option One: Applying for F1 Reinstatement through USCIS
To successfully regain your F1 status through this method, you must meet the following criteria:
- Your status should not have lapsed for more than 5 months.
- You have not repeatedly or intentionally violated the regulations.
- You are enrolled in or will be attending a school full-time.
- You have not engaged in unauthorized employment.
- You have not been deported for any reason other than overstaying or failing to maintain your status.
- The lapse in status was due to circumstances beyond your control.
If USCIS approves your reinstatement application, your SEVIS record will be updated, and your F1 status will be successfully restored. If denied, there is no option for appeal, and you must leave the U.S. immediately.
Reinstatement Process
Step 1: Contact your school's International Student Services office to discuss your options. They will review your eligibility and provide application guidelines.
Step 2: Generally, you'll need to submit a request for a new I-20 form online through the school's system. Financial documents may be required.
Step 3: Submit all required documents, including Form I-539, online to USCIS.
Required Documents
- Form I-539 labeled with "REINSTATEMENT"
- Payment for I-539 application fee
- Copies of previously issued I-20 forms
- Original I-94
- Signed copy of the new, reinstated I-20 form
- Proof of financial support
- A letter explaining your situation
- Supporting documents such as recommendation letters from academic advisors
- Transcript from current and past U.S. schools
- Photocopies of passport and visa pages
- Optional: Form G-1145 for email/text notification from USCIS
3. Option Two: Travel and Re-entry
In some cases, leaving the U.S. to obtain a new I-20 and then re-entering might be a viable option. You'll be considered an "Initial Entry" F1 student, subject to new student restrictions like waiting periods for internships.
Steps for a New I-20 for Re-entry
- Discuss options with your school's International Student Services office. They will review your situation and guide you through the process.
- Submit a request for a new I-20 online, usually requiring scanned financial documents.