A student who has failed to maintain F-1 status may apply to USCIS to be reinstated to lawful F-1 status. Reinstatement is only granted under the limited conditions and in the discretion of USCIS.
USCIS may consider reinstating a student to F-1 status if the student can prove the following:
- The student has not been out of status for more than 5 months prior to filing for reinstatement (unless he or she can show that there were exceptional circumstances that prevented the student from filing during the 5-month period)
- The student does not have a record of repeated violations
- The student is pursuing, or will in the next available term be pursuing, a full course of study
- The student has not engaged in unauthorized employment
- The student is not deportable on any grounds other than the status violation for which reinstatement is being requested
- The status violation resulted from either:
- Circumstances beyond the student's control; or
- Failure to apply in a timely fashion for a reduced course load authorization from the DSO, but only if the violation relates to something that would have been within the DSO's authority to have approved, if it had been timely done, and that the student would experience extreme hardship if the application were not approved.
Reinstatement Application Procedures
Reinstatement Biographical Application (PDF)
The student should first discuss his or her situation in detail with a DSO, who will assess the case, and the student's viability of reinstatement. If the DSO recommends that the student apply for reinstatement, the student should do the following, and submit the documentation to the DSO:
- Provide the DSO with all the documents necessary to issue a new Form I-20 including (if necessary) updated financial support documents and