Regaining Your F-1 Status

Maintaining lawful status requires making normal progress toward completing a course of study and complying with the immigration regulations governing your status. For more information about the rules, benefits and restrictions of your legal status, visit our Maintaining Legal Status page. 

For students who have failed to maintain their F-1 student status, there are two possible ways to regain it: 1) Reinstatement application, or 2) Travel and Re-entry with an Initial I-20. Information on these options are outlined below. 

Students who choose to seek reinstatement to F-1 status must submit an application to the U.S. Citizenship and Immigration Services (USCIS) requesting permission to remain in the U.S. to continue studies. While the reinstatement does not remove the violation, it effectively allows the student to resume full-time studies and apply for any immigration benefits permitted to F-1 students in good standing. 

1. Reinstatement Application

Why is Reinstatement Necessary?

An F-1 student may fall out of lawful F-1 status for a number of reasons, some more serious than others. Some of the common reasons why a student may need reinstatement are the following:

• Failure to enroll on a full-time basis during the fall/spring semesters, or to obtain ISSS’ authorization for a reduced course load

• Failure to make full-time and normal progress toward the degree objective

• Failure to apply or qualify for a program extension (I-20 extension) in a timely manner

• Failure to complete an F-1 transfer procedure in a timely manner

• Unlawful employment (working without authorization from the ISSS or the USCIS)

Eligibility for Reinstatement:

• This option is primarily available for those currently inside the US, who have not been out of status for more than 5 months at the time of filing the request for reinstatement

• If you have been out of status for more than 5 months you need to demonstrate that the failure to file within the 5-month period was the result of exceptional circumstances and that you filed for reinstatement as soon as possible under these circumstances. You need to prove: 

  • Why denial of the reinstatement would result in extreme hardship to you,
  • That you have not otherwise violated your status,
  • You are still a bona fide nonimmigrant; and
  • You are not in removal proceedings
  • You will be required to pay the I-901 fee once again if you have been out of status for more than 5 months.

• Do not have a record of repeated or willful violations of immigration regulations

• Are currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20

• Have not engaged in unauthorized employment

• Are not deportable on any ground other than overstaying or failing to maintain status

• The student must document adequate financial resources to meet their educational and living expenses

• The student must show that the reason for the status violation was inadvertent and due to reasons or circumstances beyond their control. Such circumstances might include serious injury or illness, a natural disaster, or inadvertence, administrative oversight.

Important Considerations

• A reinstatement application is considered abandoned if the student travels outside the U.S. while it is pending.

• It may take several months for USCIS to make a decision on this application, and may not work for every student timeline. As of October 2024, premium processing is not available for reinstatement applications. 

• The student may not seek any employment benefits until the reinstatement application has been adjudicated, and only if the decision is favorable. If the application is not favorable, the student will need to depart the U.S. and apply for a new F-1 visa on the basis of a new Form I-20.

• Rutgers Global - ISSS will determine if we can support your case for reinstatement based on the eligibility criteria listed above.

If USCIS approves the reinstatement request, the adjudicating officer will update your SEVIS record to indicate that you have been reinstated. If USCIS does not approve the reinstatement request, you may not appeal the decision and depart the U.S. immediately and apply for a new F-1 visa on the basis of a new Form I-20.

If USCIS makes a decision to deny your request for reinstatement, you may accrue "unlawful presence", which means you will need to depart the U.S. immediately. This may have negative consequences for your future immigration benefits in the U.S., such as a multi-year ban. 

Please carefully review the Study in the States website about reinstatement here - Reinstatement COE (Form I-20) | Study in the States (dhs.gov) 

2. Travel and Re-Entry with an Initial I-20

To regain F-1 status via travel, students must obtain an “initial attendance” I-20 from Rutgers Global- ISSS. With this new I-20, students then need to travel outside the U.S. and re-enter.

Important Considerations for Travel:

• Your passport and F-1 visa stamp must both be valid an unexpired at the time you are re-entering the U.S.

• If you have been out of status for over five months, you may need to apply for a new F-1 visa (even if your current visa is valid). Please confirm this with the U.S. Embassy or Consulate at which you would apply for your student visa.

• You can only return to the U.S. up to 30 days prior to the start date on your new I-20.

• 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 complete the mandatory check-in procedure with ISSS to activate your SEVIS record. 

• 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 full semesters of academic work in the U.S. after your successful re-entry in F-1 status. Discuss any concerns you have about employment with an ISSS advisor before you request an I-20 for travel outside of the US.

• U.S. Customs and Border Protection (CBP) will determine whether you are admissible to the U.S. at the time of entry. You will always have a terminated record associated with you. Be sure to schedule ample time 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.

Important Notes for All Students

Each way has advantages and disadvantages; we advise you to set up an appointment with one of our advisers to discuss options as they relate to your individual situation. Please note that while we are happy to assist with your case, we also encourage you to consult with a qualified immigration attorney. Rutgers Student Legal Services can help current students connect with a lawyer.

Students who are out of status are prohibited from working and may not accept or continue any employment. Students who are currently employed (this includes assistantships and teaching) must discontinue employment immediately.

Ultimately, the decision to "reset" your status is up to the U.S. Department of State or Department of Homeland Security. 

Rutgers cannot overturn a decision made by USCIS or CBP regarding your status.