How to Get Back F-1 Status After Falling Out of Status

Overview

If you’ve violated the terms of your F-1 status, you may have fallen “out of status.” This is a serious situation, but there are options to regain your legal student status. The process is called reinstatement, and it requires filing Form I-539 with USCIS.

Common Reasons for Falling Out of Status

• Failing to maintain full-time enrollment (dropping below 12 credits for undergrad, 9 for grad)
• Unauthorized employment (working without proper authorization)
• Failing to report to a new school after transfer
• I-20 expired without extension
• Not completing program by end date on I-20
• Academic suspension or dismissal
• Failing to report address change within 10 days

Reinstatement Eligibility

To be eligible for reinstatement, you must meet ALL of the following criteria:

• You have not been out of status for more than 5 months
• You do not have a record of repeated violations
• You are currently pursuing (or will pursue) a full course of study
• You have not engaged in unauthorized employment
• You are not deportable on any other grounds
• The violation was beyond your control OR resulted from circumstances that would cause extreme hardship

Step-by-Step Reinstatement Process

1. Contact your DSO immediately: Explain your situation and ask for guidance
2. Get a new I-20: Your DSO will issue an I-20 marked “for reinstatement”
3. Gather supporting documents: Collect evidence explaining why you fell out of status
4. Write a personal statement: Explain the circumstances and how you’ll prevent future violations
5. File Form I-539: Submit online or by mail with all required documents
6. Pay the filing fee: $420 (online) or $470 (paper)
7. Wait for decision: Continue attending school full-time while waiting

Required Documents

Writing Your Personal Statement

Your personal statement is critical. Include:

• What happened: Clearly explain the circumstances that caused the violation
• Why it was beyond your control: Medical emergency, family crisis, administrative error, etc.
• What you’ve done to fix it: Show you’re now enrolled full-time, maintaining status
• How you’ll prevent future violations: Demonstrate understanding of F-1 rules

Processing Time

Reinstatement applications typically take 6-12 months to process. During this time:

• You may remain in the U.S. while your application is pending
• You MUST maintain full-time enrollment
• You CANNOT travel internationally (this will abandon your application)
• You CANNOT work (even on-campus) until reinstated

While Your Application is Pending

• DO: Attend classes full-time, keep copies of all documents, respond to USCIS requests promptly
• DON’T: Travel outside the U.S., work without authorization, drop below full-time enrollment

If Reinstatement is Denied

If USCIS denies your reinstatement:

• You will be required to leave the United States
• You may apply for a new F-1 visa at a U.S. embassy abroad
• The denial may affect future visa applications
• Consult an immigration attorney to discuss your options

Alternative Options

If you don’t qualify for reinstatement:

• Change of status: Apply for a different visa category if eligible
• Voluntary departure: Leave the U.S. and apply for a new F-1 visa abroad
• Consult an attorney: An immigration lawyer can assess your specific situation