Options for Regaining Status

If a student is in violation of F-1 status, it is important for them to restore their status as soon as possible through one of the following options: 

  • Traveling outside of the U.S., or 
  • Applying to be reinstated while in the U.S.

The student is also strongly encouraged to consult with an immigration attorney.

To be eligible for either reinstatement option, the student is required to continue full-time enrollment in their academic program and to have the financial means to pay for estimated expenses while in school. Both options involve benefits and risks; each student must decide which works best for their needs. 

Which Option Is Best?

The option you choose depends on your individual circumstances. Some of the factors to keep in mind are as follows:

  • How close is your date of completion?
  • How soon do you need to be back in F1 status?
    • Do you have an assistantship, on-campus employment, or athletic commitment?
  • Do you have a valid visa stamp in your passport?
  • How strong is your case for reinstatement?

Regaining status through travel is usually faster, if you have a valid visa stamp. However, if you choose to travel to regain status, you will forfeit any time you have accrued toward practical training eligibility. (You need to be registered for one academic year in order to qualify for CPT or OPT.)

The advantage of applying for reinstatement with USCIS is that, when approved, your SEVIS record is returned to active status, and there is no interruption of the time accrued toward eligibility for practical training. If denied, however, your visa is automatically cancelled; you are permanently limited to applying for non-immigrant visas in your country of citizenship or permanent residence; and you will begin accumulating days of "unlawful presence" if you remain in the US after the denial.