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Can I have my F-1 status re-instated?

By September 9, 2022Immigration
A student working on her laptop

F-1 visa is a great visa option for students who want to come to the U.S. and attend university or college. You should always maintain your F-1 status while you are in the U.S., but in case you briefly fell out of F-1 status, you could get your F-1 status re-instated.

Can I get my F-1 status re-instated?

The F-1 status re-instatement is a discretionary relief. USCIS may re-instate your F-1 status if:

  • You have not been out of status for more than 5 months at the time you file the reinstatement petition (if you were out of status for longer, you would need to show exceptional circumstances and you applied for the reinstatement promptly after the exceptional circumstances),
  • You have no record of repeated or willful immigration violations,
  • You are currently pursuing or intending to pursue a full course of study,
  • You have not engaged in unauthorized employment,
  • You are not deportable.

Additionally, you will need to establish that the violation of your F1 status resulted from circumstances beyond your control (such as for example if you got seriously injured/if you were seriously ill or if there was a natural disaster in the area where you were attending school). Additionally, you will need to show that the violation related to reduction in your course load that would have been in DSO’s power to authorize and failure to approve the reinstatement will result in your extreme hardship.

How do I ask to get my status re-instated?

You need to file Form I-539 along with your SEVIS I-20 Form along with your Designated School Official’s recommendation for reinstatement. It will most likely take USCIS several months to make a decision on the reinstatement petition. If USCIS approves the reinstatement petition, they will endorse your I-20 form to indicate that your status has been reinstated.

Please read our blog post on What is OPT and What is CPT here.

Please see the F-1 visa requirements when you click here.

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