Maintaining & Regaining Legal Status

If you are beginning a program at Rutgers, you are required to check-in online through RGlobal when you arrive in the United States.

Review our Pre and Post Arrival Steps for more information about the check in procedure, and how to prepare for the start of your studies when you arrive in the United States.

• Your I-20 or DS-2019 must accurately reflect your end date, degree level, program of study, and funding information.  If you need to make an update to your I-20 or DS-2019, or you will not be completing your program before your program end date, see Academic and Status Changes and Extension of Program to learn the procedures. 
• Your passport must be valid for six months beyond the period of your intended stay (i.e. program end date on your I-20 or DS-2019), unless your country is exempted from this requirement. If your passport will be expiring soon, you may renew your passport within the United States at your country’s embassy or consulate—most countries have a consulate in New York City.
• Check the U.S. entry stamp in your passport and your Form I-94 to ensure you were properly admitted to the United States. In particular, your entry stamp and I-94 should show your “Class of Admission” as F-1 or J-1 and “Admit Until” date as D/S (meaning “duration of status”).  If there is an error on your entry stamp or I-94, contact an international student adviser for assistance.

Rutgers Global–International Student and Scholar Services is not responsible for maintaining any of your personal immigration documents. We recommend that you make copies or scans of all of your legal documents (I-20, passport, I-94, tax forms) and keep them in a safe place. If any of these become lost, please alert our office immediately.

We are here to help and support you! 

J-1 students are required to report any serious incidents or problems encountered during their time in the United States. An example of a serious issue could be a lost passport or hospitalization. The Department of State enforces these guidelines and please see here for additional examples.

Incident Reporting Video - BridgeUSAProgram Sponsors | BridgeUSA (state.gov)

Please contact us if you have any questions or concerns!

U.S. federal regulations require F-1 and J-1 students to pursue a full course of study at all times other than designated school vacation periods. For most students at Rutgers-New Brunswick/Piscataway, this means being registered for a full-time credit load, i.e., a minimum of 12 credits if an undergraduate student, or a minimum of 9 credits for a graduate student. Visit our Full Course of Study page for more information about how this is defined.

Learn more about on-campus work employment and how to acquire the documents you need to get to work on-campus.

Learn more about off-campus work authorization options and instructions on how to request the option that is appropriate for you. Note that international students may not work off-campus until they have been approved to by the ISSS office and have the proper authorization to do so.

Before departing the United States, you must ensure that you are prepared for international travel. Review our Travel and Visa Information pages: 

-- Preparing for International Travel >
-- Travel Signature Request Procedure >
-- Visa application information >

If you will be conducting research outside of the United States or participating in a study abroad program, please visit our Research or Study Abroad page for more information.  

We understand emergencies happen and situations may arise that require you to take an unplanned break from campus or from your academic work. If an emergency requires you to travel outside of the United States, contact an academic dean or your graduate program director and an international student adviser about the situation before leaving the United States. Visit our Leave of Absence or Withdrawal and Returning to Rutgers pages to find out how this may impact your legal status and how to prepare for your return.

Your address, email, phone number, etc. must be correct on your MyRutgers portal. This information is required by the US government and needs to be reported to SEVIS.

1. Login to your myRutgers Portal
2. Click on "Update Phone" icon
3. Provide Emergency Contact information. You can enter more than one contact, and also provide information of contacts outside the U.S. 
4. Click on "Address Update" tab
5. Enter Home Address and Local Address
Home Address = Address in your home country
Local Address = Address in the U.S. (Student not living in RU residence should enter a local U.S. address. (On-Campus addresses are automatically updated)

Be sure to update the information on myRutgers whenever your contact information changes.

Your academic success and legal status go hand in hand. Changes to your academic program and your academic plan may require updates to your SEVIS record and your I-20 or DS-2019. Please review academic changes that impact your legal status and follow the instructions to receive an updated I-20 or DS-2019, depending on your situation.

Please review Taxes page for guidance.

If you or your dependents were present in the U.S. at any time in the previous calendar year, you must file Form 8843 on or before the deadline, even if you had no earned income. Mailing instructions can be found on page 2 of the form. If you are only filing Form 8843, no social security number (SSN) or Individual Taxpayer Identification Number (ITIN) is required. Form 8843 is not an income tax return. It is an informational statement for certain non-resident aliens (including spouses and dependents of non-resident aliens). 

If you have earned income in the United States, you will also need to file federal and state tax returns.

All international students and their dependents are legally required to report presence in the United States to the International Revenue Service (IRS) each year—even if you did not work or earn income—by submitting Form 8843. 

Please note that Rutgers Global cannot advice on tax issues. If you have questions that are not covered by the information provided, please contact a tax professional. 

When you complete the requirements for your degree/program, international students are automatically granted a “grace period” (60 days for F-1 students or 30 days for J-1 students). You may not study or work during the grace period, but you may plan for next steps. Before the end of the grace period, you must: 

-- Depart the United States
-- Transfer to a new school or program
-- Apply to change your legal status (if eligible), OR
-- Please note that you may travel within the United States during your grace period, but you cannot reenter the United States with your F-1 or J-1 visa. 
-- Apply for employment authorization (Post-Completion OPT for F-1 students or Academic Training for J-1 students). 

Whether you are graduating, taking a leave of absence, transferring to a new institution, or changing to a new nonimmigrant status, please follow the correct procedures to report your plans. Do not leave Rutgers without informing International Students and Scholar Services about your departure.

There there was a break or issue with your legal status, you may need to consider reinstatement to regain it. Please see our page here for details. 

If you are concerned there may be a problem with your legal status, contact an international student adviser as soon as possible to discuss your situation and learn about ways to regain good legal standing, if necessary. 

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) 

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.

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.

How to Apply for Reinstatement:

1) Make an appointment with an international student adviser to discuss your options, and to answer your questions. If your case can be supported, you will be asked to prepare your application and request an I-20 for reinstatement. Your required documents may vary depending on if you file via mail versus online. At this initial meeting, bring: 

• a letter detailing the nature of and reasons for the violation of F-1 regulations
• updated financial documentation, and
• supporting letters from the academic advisor, undergraduate dean, or director of graduate studies, if necessary 

2) Submit “Reinstatement” e-form completed on the RGlobal Portal

• You will also be asked to upload scans/photos of financial documentation. The Certification of Funds must be completed by you and your financial sponsor, if applicable

3) Prepare your Reinstatement Application

• Completed Form I-539, Application to Extend/Change Nonimmigrant Status (recommended to be filed with the help of an experienced immigration attorney). (write “REINSTATEMENT” at the top of the form).
• Form I-539 filing fee paid by money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
• Original financial documents no older than 6 months showing you can fund your education
• Copies of all of your immigration documents: 
  • Previous I-20s
  • Unexpired passport biographical pages
  • F-1 visa stamp on passport
  • Copy/Print-out of Form I-94 with latest travel history
• If applicable, copies of all immigration documents of any visa dependents who will be requesting reinstatement with you
• If applicable, evidence that you have purchased the required health insurance for any visa dependents who will be requesting reinstatement with you
• Rutgers transcript showing your full-time enrollment, or re-enrollment approval letter from your academic department
• Any other related documents in support for your case (e.g. letter from your academic advisor)
• A letter requesting reinstatement of F-1 status, written by you and addressed to the USCIS adjudication officer, in which you explain why you fell out of status (please see sample letter under “Additional Information” below)
• Completed G-1145 Form (optional; it signs you up for email/text message notification of your application’s arrival at USCIS).

4) Allow time for ISSS processing. An international student adviser will issue you a new I-20 and support letter after reviewing your documents. You will receive an email from ISSS when your I-20 is ready.

5) Receive the new I-20 and assemble your application package for the Form I-539 submission to the USCIS. If submitting via mail, it is recommended that you send your application by certified mail, return receipt requested. Look on the USCIS website for the direct filing addresses for Form I-539

6) Keep a copy of your entire application for your records.

How to Regain Status through Travel:

1) Apply for a New I-20 

Please provide the following to ISSS: 

• “Readmission to Rutgers” e-form completed on the RGlobal Portal
• Certification of Funds completed by you and your financial sponsor, if applicable
• Original financial documents no older than 6 months showing you can fund your education
• Pictures of all of your immigration documents: 
• Previous I-20s
• Unexpired passport biographical pages
• Unexpired F-1 visa stamp
• Copy/Print-out of Form I-94 with latest travel history
• If applicable, copies of all immigration documents of any visa dependents who will be requesting reinstatement via travel with you
• If applicable, evidence that you have purchased the required health insurance for any visa dependents who will be requesting reinstatement with you
• Rutgers transcript showing your full-time enrollment, or re-enrollment approval letter from your academic department
• Any other related documents in support for your case

2) Pay the SEVIS fee again. Pay the fee online. Be sure to enter the SEVIS ID number of your newly obtained I-20 from

3) Leave the US and use the new I-20 to reenter with a new I-94. This will allow you to start your F-1 status anew.

Date:

USCIS Officer

U.S. Citizenship and Immigration Services 

Dear Sir/Madam:

(Request reinstatement and describe what happened.) Please accept my application for reinstatement to F-1 status. Recently I have become aware that (Choose one from the examples if it covers your case or write your own explanation.) I have failed to process my transfer from (name of previous school)/ I have failed to extend my stay before my I-20 expired. (Explain why this happened.) This was due to (Choose one example or rewrite.) oversight on my part/ my misunderstanding of the F-1 regulations. (Add your specific reasons, especially if you have been out of status for more than 5 months.) 

(Cite your good points.) I feel fortunate to be able to study in the United States. I have always attended school as a full time student and have not engaged in unauthorized employment. 

(Promise that this will not happen again and reiterate your request.) I am determined to be more careful from now on in order to make sure that I'll fully abide by the regulations. I sincerely hope that I can be reinstated to F-1 status and be allowed to complete my studies. 

Thank you for your consideration. 

Sincerely, 
(Sign your name) 
Your email address
Your phone number
Your SEVIS ID #