Restore F-1 Status

 

What does “Out of Status” mean?

If an F-1 student fails to follow the regulations and requirements set by the U.S. government, the student’s immigration record is terminated, and the student is “out of status”. Being out of status is a serious matter and may result in consequences.

 

What are the consequences of being “Out of Status”?

• • Not eligible for off-campus or new on-campus employment.
  • May be contacted by Homeland Security agents.
  • May be subject to deportation.

How does a student restore F-1 status?

Students who meet eligibility requirements can request that their F-1 status be restored. There are two options to regain a valid F-1 immigration status. As you consider your reinstatement options, you may also want to consult with an immigration attorney.

 

To regain F-1 status, you must be able to study full-time at OSU. You should continue to enroll full-time while you attempt to restore your F-1 status.

 

When to apply:

Students should take action to restore F-1 status immediately after the violation. Please contact the ISS for advising  as soon as possible.

 

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• Option 1: Restore F-1 Status by Travel

  You can reinstate your F-1 status by departing the U.S. and re-entering with a new I-20.

   

  If your visa is expired, you need to apply for a new F-1 visa. If your visa is valid you should check with the U.S. consulate or embassy in your home country to confirm if you need a new visa. With this option, you will be given a new SEVIS ID number and will be starting a new period of F-1 status.

  
  
  Eligibility

  • • No academic or financial holds preventing you from enrolling.
    • Can show sufficient proof of funds to obtain a new Form I-20.
    • You are not inadmissible to the United States for any other reason.

  Process

  1. Submit the materials listed below for a Form I-20 in Terra Dotta.
     • Restore F-1 Status Request Form
     • Proof of Funding
     • Undergraduate or Graduate Financial Guarantee  
  2. The ISS will notify you at your OSU email address when your I-20 is ready. The I-20 will be attached to the email as a PDF. You must print and hand-sign page 1 of the new Initial I-20. 
  3. Pay the SEVIS I-901 fee, if required, and print the receipt. 
  4. Obtain a visa appointment at a U.S. consulate or embassy. (Canadian and Bermudian students do not require this step). 
     • Review the ISS Travel webpage for a list of required documents to take.
     • In addition, take proof of maintaining F-1 status prior to termination, such as academic transcripts showing full-time enrollment.
     • You may also take any other supporting documents you feel are relevant to your situation. 
  5. If approved, re-enter the U.S. in a new F-1 status. You cannot enter more than 30 days before the program start date. 
  6. Provide copies of the new signed I-20, I-94 and F-1 visa in Terra Dotta. Your new SEVIS immigration record cannot be registered as “Active” until these copies are submitted to the ISS. If you do not complete this step, your F-1 record will be terminated. 
  7. Because this is a new status, you must be enrolled for two more consecutive long semesters before becoming eligible for off-campus employment (CPT, OPT, EH), even if you already met this requirement prior to the termination. 
• Option 2: Reinstatement by Petition

  You can remain in the U.S. and apply for reinstatement of your F-1 status through USCIS. With this option, if approved for reinstatement you will keep your same SEVIS ID number. You must remain in the U.S while your application is being processed, which can take nine months or longer. 

   

  Eligibility

  According to federal immigration regulations, you are eligible for reinstatement by petition if you meet the ALL of the following conditions: 

  • • Have not been out of status for more than 5 months at the time of filing for reinstatement (or demonstrate that failure to file within the 5-month period was the result of exceptional circumstances and that you filed the request for reinstatement as promptly as possible)
    • Do not have a record of repeated or willful violations of DHS regulations
    • Are currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20
    • Have not engaged in unauthorized employment
    • Are not deportable on any ground other than overstaying or failing to maintain status and 
    • Establish to the satisfaction of USCIS either that:
      • The violation of status resulted from circumstances beyond your control.
      • The violation relates to a reduction in your course load that would have been approvable by the ISS, and that failure to approve reinstatement would result in extreme hardship. 

  Process

  1. Submit the materials listed below for a Form I-20 in Terra Dotta. 
     • Restore F-1 Status Request Form 
     • Proof of Funding
     • Undergraduate  or Graduate Financial Guarantee 
     • Letter of explanation addressed to USCIS 
     • Complete Form I-539  
  2. The ISS will notify you at your OSU email address when your I-20 is ready for download in the ISS portal. The I-20 will be attached to the email as a PDF. You must print and hand-sign page 1 of the Reinstatement I-20. Attached to the email will also be a Letter of Explanation from the ISS advisor.
  3. Assemble the required documents and file the I-539 petition with USCIS. 
     • Application fee: Refer to official USCIS I-539 web page for fees: https://www.uscis.gov/i-539. This should be a check (from a U.S. bank) or a U.S. money order payable to the “U.S. Department of Homeland Security”. 
     • Biometrics fee: Refer to official USCIS I-539 web page for fees: https://www.uscis.gov/i-539. This should be a check (from a U.S. bank) or a U.S. money order payable to the “U.S. Department of Homeland Security”. 
     • Form I-539 
     • Proof of Funding 
     • Financial Guarantee
     • Copy of Reinstatement I-20 
     • Copy of I-94 
     • Copy of your passport identification page: With photo and expiration date. 
     • Copy of your current F-1 visa or F-1 I-797 Change of Status Approval Notice
     • Copy of all academic transcripts: From your studies in the United States. 
     • Copy of all I-20s: From all institutions you have attended in the United States.
     • A letter of explanation: The letter should include that the violation resulted from circumstances beyond your control or relates to a reduction in your course load that would have been approvable by the ISS. It should also include a statement that you have never been employed without USCIS authorization, and you are currently pursuing or intend to pursue a full course of study in the next long semester. Finally, it should include that failure to approve reinstatement would result in extreme hardship.  
     • Letter of Explanation from the ISS advisor.
     • If your termination occurred more than five months ago, pay the SEVIS I-901 fee  again and print the receipt to include with your documents. 
  4. USCIS will mail a receipt 2-3 weeks after submission to the address listed on your application. If you apply online, you will immediately receive a digital receipt in your MyUSCIS portal. 
     • Note: If you have F-2 dependents at the time you fall out of status, you cannot apply for reinstatement for you and your dependents online. You must apply by paper/ mailed application. Additional fees and forms (I-539 A) are required for co-applicants. Please read the filing instructions carefully. You must also include the immigration documents of your F-2 dependents and proof of their dependent status (marriage certificate, birth certificate, etc.) in your application. 
  5. Continue to enroll as a full-time student while you wait for the USCIS decision. You must not leave the U.S. while the petition is pending, or your request could be canceled by USCIS. 
  6. USCIS will issue a letter of decision. If you apply online, you will receive a digital decision letter in your MyUSCIS portal. 
  7. You may continue to work on-campus with a pending application for reinstatement. Continue refers to on-campus employment you were already engaged in (so not new on-campus employment).  

   

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If the petition is approved  and you have been enrolled full-time for at least one academic year prior to the violation you are eligible for off-campus employment. You do not have to re-qualify. 

 

If the petition is denied you will likely be instructed by USCIS to leave the U.S. and the visa you used to enter the U.S. is automatically canceled. If you remain in the U.S. after the denial decision, you may start accumulating “days of unlawful presence.”

• • 180 days of unlawful presence means you will be barred from the U.S. for 3 years.
  • 1 year or more of unlawful presence means you will be barred from the U.S. for 10 years.