Reinstatement to Active F-1 Student Status

A student who has failed to maintain F-1 student status may be eligible to apply to USCIS for reinstatement to lawful F-1 status. To request reinstatement, an F-1 student must meet with a DSO to discuss eligibility to receive a DSO recommended Reinstatement I-20. Reinstatement approval is only granted under limited conditions specified by Department of Homeland Security (DHS) regulations.

ACC F-1 students whose SEVIS records have recently been terminated or completed are strongly encouraged to meet with a DSO as soon as possible to discuss reinstatement eligibility and other options to regain lawful F-1 status. Students may also choose to consult an experienced immigration lawyer in connection with an application for reinstatement.

ACC does not accept F-1 transfer students in a terminated or completed SEVIS status seeking reinstatement. Students are encouraged to travel outside of the U.S. to make a re-entry with a new I-20 (Option 1 below) are eligible for F-1 transfer admission.

Requesting a DSO Recommended Reinstatement I-20

The DSO exercises professional discretion in determining whether to recommend and issue a Reinstatement I-20. This determination is based on a review of the student’s circumstances, supporting documentation, and eligibility under federal regulations, including but not limited to:

• The student’s communication history with the International Student Office.
• The length of time the student has been out of status.
• The nature and reason for the student to fall out of status.
• Whether the violation resulted from circumstances beyond the student’s control.
• Whether the student maintains eligibility and is enrolled in a full course of study in the current and subsequent semesters.
• Whether the student appears to meet USCIS reinstatement criteria.
• The student has an immigration record that is free of repeated violations of USCIS regulations.

If the DSO determines that the student does not appear to meet regulatory eligibility requirements or that a reinstatement application is unlikely to be approved by USCIS, the DSO may decline to issue a reinstatement I-20. F-1 student seeking reinstatement should understand that:

• A DSO reinstatement recommendation does not guarantee USCIS approval.
• USCIS makes the final determination on all reinstatement petitions.
• Students are responsible for providing complete and truthful documentation to support their reinstatement request.

USCIS Reinstatement Eligibility Criteria

Pursuant to 8 CFR 214.2(f)(16), USCIS may consider reinstating an F-1 student under the following conditions:

• (A) Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);
• (B) Does not have a record of repeated or willful violations of DHS regulations;
• (C) Is currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20 or successor form;
• (D) Has not engaged in unauthorized employment;
• (E) Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act [ed. note: overstaying or failing to maintain status]; and
• (F) Establishes to the satisfaction of USCIS, by a detailed showing, either that:
  • (1) The violation of status resulted from circumstances beyond the student’s control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for reinstatement; or
  • (2) The violation relates to a reduction in the student’s course load that would have been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.

Examples of why an F-1 student may fall out of status

• Failure to enroll full-time in a spring or fall semester.
• Unauthorized drop below full-time enrollment.
• Earning less than 2.00 GPA in multiple semesters resulting in Academic Suspension.
• Failure to complete the SEVIS Transfer or Change of Level process before the SEVIS deadline.
• Failure to apply for an I-20 Program Extension before the I-20 end date.

An F-1 student who has been placed on Academic Suspension will be ineligible to enroll in classes for at least one semester. Students who have been suspended should meet with a DSO to discuss options which include SEVIS transfer to another institution, applying for reinstatement, requesting a new I-20 to make a new entry to the U.S., or depart the U.S.

How to Regain F-1 Status

Option 1: Travel and Re-entry with Initial I-20 and F-1 Visa

F-1 students are required to submit the following documents to [email protected] to request a new Form I-20.

• Complete the Reentry Initial Form I-20 Request Form
• Copy of current valid passport, F-1 Visa (or I-797 change of status approval letter), most recent I-94
• ACC Statement of Financial Support Form
• Proof of Financial Support – current original bank statement. USCIS requires international students to submit proof of financials. The amount required for tuition and living expenses is $30,000 U.S. dollars per year. Additional proof of $5,000 is required for each dependent.
• Letter of Explanation – a typed student statement explaining the reasons for being out of status.
  • Submit a detailed explanation of your activities since arriving in the United States. This explanation should be presented in chronological order and list exact dates.
  • Provide an explanation of the events that led up to your failure to maintain F-1 student status.
  • Provide an explanation regarding why your loss of F-1 status is due to circumstances beyond your control.
  • Provide a statement detailing how a denial of your request for reinstatement to F-1 status would result in extreme hardship to yourself.

After submitting the above-mentioned required documents, the International Student Office will review, and if eligible, issue a new Initial Form I-20. The F-1 student will depart the U.S. and attempt to re-enter with the new Initial I-20. Re-entry is not guarantee and is at the discretion of Customs and Border Protection (CBP).

1. Pay the I-901 SEVIS Fee.
2. If the F-1 Visa is valid – visit a port of entry and present the new Initial I-20, valid passport, and F-1 visa to the CBP Officer.
3. If the F-1 Visa is expired – schedule a visa appointment with a U.S. Embassy. Review the DS-160 website for assistance. Do not schedule a visa appointment without paying the I-901 fee first.
   • Review the Department of State information on the Student Visa process.
   • Bring the Initial I-20, I-901 Fee receipt, valid passport, financial documents, and the ACC Acceptance Letter or transcript showing proof of admission or enrollment.
   • Once the F-1 visa is approved and stamped into the passport, return to the U.S. using the F-1 visa. Do not enter the U.S. using a previous immigration status even if it is still valid.

After a successful re-entry to U.S., F-1 students are required to notify ISO of arrival and must physically check-in with a DSO at the International Student Office. Failure to meet with a DSO in a timely manner will result in the termination of the SEVIS record. The F-1 status resumes as soon as the F-1 student enters the U.S. in F-1 status.

F-1 students who re-enter the U.S. on a new SEVIS record must meet the one-full academic year requirement for Curricular Practical Training (CPT) and Optional Practical Training (OPT) eligibility.

If traveling to Canada or Mexico for a re-entry, check the Embassy/Consulate website to see if a visa is required for entry.

Option 2: Reinstatement with USCIS

Apply for reinstatement through United States Citizenship and Immigration Services (USCIS).

F-1 students are required to submit the following documents to request a new Form I-20 for reinstatement. Email [email protected] to request a new Form I-20.

• Copy of current valid passport, F-1 Visa (or I-797 change of status approval letter), most recent I-94
• ACC Statement of Financial Support Form
• Proof of Financial Support – current original bank statement. USCIS requires international students to submit proof of financials. The amount required for tuition and living expenses is $30,000 U.S. dollars per year. Additional proof of $5,000 is required for each dependent.
• Reinstatement to Active F-1 Status Form
• Letter of Explanation – a typed student statement explaining the reasons for being out of status.
  • Submit a detailed explanation of your activities since arriving in the United States. This explanation should be presented in chronological order and list exact dates.
  • On what date(s) did you fail to maintain your F-1 nonimmigrant status?
  • On what date did you realize you were no longer in valid F-1 nonimmigrant status?
  • On what date did you contact your Designated School Official (DSO) to resolve the problem?
  • Provide an explanation of the events that led up to your failure to maintain F-1 student status.
  • Provide an explanation regarding why your loss of F-1 status is due to circumstances beyond your control.
  • Provide a statement detailing how a denial of your request for reinstatement to F-1 status would result in extreme hardship to yourself.
  • Provide a yes or no response regarding whether you are currently attending classes.

After submitting the above-mentioned required documents, the International Student Office will review, and if eligible, issue a new Initial Form I-20. The F-1 student will be provided further instructions from a DSO on how to apply for reinstatement with USCIS using Form I-539 – Application to Extend/Change Non-immigrant Status.

USCIS processing times for reinstatement applications can take several months. While the reinstatement application is pending with USCIS, F-1 students are discouraged from departing the U.S. Departing the U.S. risks USCIS cancelling the reinstatement application.

F-1 students seeking reinstatement are ineligible to work on or off-campus until the F-1 status is approved by USCIS. Additionally, any updates or renewals to a Texas driver’s license or Identification Card may not be granted until the F-1 status is reactivated.

F-1 students are strongly encouraged to enroll and maintain full-time enrollment (minimum of 12 credit hours) each fall and spring semester while the Reinstatement application is being processed by USCIS.