Regaining f-1 status
Learn about the options to regain active F-1 status.
overview and definition
Reinstatement is the process of regaining legal F-1 status after falling out of status
either by travel or through USCIS. As an F-1 student, they are expected to comply
with immigration regulations. If students fail to comply with these regulations, they
will be "out of status" on their F-1 visa. When students are out of status, they are
no longer eligible for any type of employment (on/off campus), practical training,
recertification of their I-20 for re-entry to the U.S., and any other benefits of
F-1 student.
Students currently in the Utah Global program are not eligible to apply for Reinstatement
by USCIS. Utah Global students are only eligible for Option 2 (see below).
Options to regain active f-1 status
There are two options to regain an F-1 status:
Sending in an I-539 application to USCIS. Continue reading if selecting this option.
OR
Travel on a new I-20. For more information about the travel option, please refer to our Request an Initial I-20 page if selecting this option.
Reinstatement eligibility requirements
Students may be eligible for reinstatement if:
- The student has not been out of status for more than 5 months prior to filing the reinstatement request.
- The student does not have a history of repeated violations.
- The student is currently eligible to register for classes and are still “matriculated”
with the university and in good standing with your department.
- If the student has been suspended or discontinued by the university, they need to re-apply to the university through the Office of International Admissions, transfer to another institution, or return home.
- The student can establish that the violation of their F-1 status resulted from circumstances beyond their control.
- The student has not engaged in unauthorized employment.
- The student can document sufficient financial resources to pursue a full-time course load.
Applying for Reinstatment (USCIS)
Students are Required to meet with an International Student Advisor
Student are required to meet with an advisor by appointment or walk-in advising to better understand the student's situation. The advisor will also provide additional
information on applying through USCIS versus regaining status by travel. After meeting
with the advisor, if the student is moving forward with applying for the I-539 application,
they can move on to the next step.
Prepare I-539 Application Online
Fill out the I-539 Application through MyUSCIS.
Do not submit the application.
A copy of your reinstatement I-20 from ISSS – also signed and dated by you in wet ink. Valid for 30 days from the issue date.
DO NOT upload an I-20 until you have received the REINSTATEMENT I-20
A letter requesting reinstatement to USCIS explaining why you fell out of status. and how you are eligible for reinstatement.
Form I-539 (online application through USCIS website)
I-94
Copies of your passport and visa
Application fee * fee is subject to change.
DO NOT pay the filing feel until you have received your REINSTATEMENT I-20 (filing fee is NON-REFUNDABLE)
Financial support documents used to obtain the new I-20 (bank statement and an affidavit of support, if necessary).
Proof of enrollment for full-time status in the current semester (copy of transcript or printout of course schedule
If you have been out of status for more than five months, you MUST pay the SEVIS fee ($350). This fee may be paid at fmjfee.com. Provide receipt as proof of payment.
If you have a dependent in the U.S. (F-2), you must also include them in the application since a violation of your F-1 status also affects your dependent family members.
Create PDF of Draft I-539
Once the I-539 is completed (other than a few final uploads, such as the Reinstatement I-20) download the "view draft case snapshot" PDF from the "review and submit" > "summary" section of the online application. Upload the digital PDF to the Reinstatement Request e-form.
Login to UAtlas
Fill out and submit the "Reinstatement Request" e-form.
A Designated School Official (DSO) from ISSS will review the request and if approved will issue a Reinstatement I-20.
Processing time is within 10 business days.
Receiving the I-20
Once the Reinstatement request is approved, the DSO will send the I-20 electronically
through UAtlas. Students will receive a second email with instructions on how to retrieve
the I-20. Students are advised to immediately print and sign the I-20.
Upload Reinstatment I-20 to I-539 Application
After receiving the Reinstatement I-20, the student must upload it to their I-539 application, pay the filing fee and officially submit it to USCIS.
Continue Working with International Student Advisor Who Signed the Reinstatement I-20
Important notes
- Student must be enrolled full time while their reinstatement is pending.
- In order to temporarily lift the Compliance Hold the student must provide the Receipt Notice from MyUSCIS as proof their I-539 Application was submitted to USCIS.
-
Must cease on/off campus employment immediately when the student is terminated and while reinstatement is pending. On/off campus work is allowed once reinstatement is approved.
-
Student should not travel outside the U.S. while their reinstatement is pending. It may be considered an abandonment of the application. If they need to leave the U.S., meet with an ISSS advisor prior to travel.
Any additional communications from USCIS must be shared with ISSS upon receipt, including Receipt Notice and Confirmation/Denial of application/Request for Evidence.
Frequently Asked Questions - Regaining F-1 Status
You should apply and submit your reinstatement request to USCIS within 5 months of the termination of your F-1 status.
Regaining status by departing and re-entering the United States on a new SEVIS ID is generally the quickest way to regain active F-1 status. This option may not be suitable for all students based on their situation; therefore, it is important to discuss your situation with an international advisor before making a decision.
If your reinstatement is denied by USCIS, you will need obtain an initial I-20 to depart and re-enter the United States on a new SEVIS ID.
If your reinstatement application is approved, you would be eligible for CPT/OPT again so long as you have been enrolled full-time for the previous two semesters.
Students who leave the United States while their I-539 application is pending will be viewed as having abandoned their application and will need to request an initial I-20 from ISSS to regain their status.
You are not eligible for a travel signature since a travel signature signifies you are currently maintaining your F1 status.