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.

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 request a new Form I-20 for re-entry. 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.
• Letter of Explanation – a typed student statement explaining the reasons for being out of status.

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.

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.