Regaining Legal F-1 Status

If you have violated your F-1 student status, you have two options to regain your legal status:

  1. Reinstatement application to U.S government; or
  2. Travel outside the U.S. and re-enter with a new I-20

Which Option is Better for You?

  1. Read the Reinstatement and Travel & Re-Entry information below to familiarize yourself with the two options.
  2. Schedule a 30-minute appointment with an ISS immigration advisor to discuss and decide which option is best for you.
Disclaimer: KU International Support Services is able to provide you with general guidance. However, any advice provided to you by our office does not constitute legal advice. This office will do its best to provide you with the most current guidance to the best of our knowledge.  It is advised that you contact an experienced immigration attorney if you have concerns regarding your situation.

Option 1: Reinstatement application to U.S. government

 

Reinstatement is an option for an F-1 student who fails to maintain status and wishes to regain status without leaving the U.S. These applications can take several months to process and you cannot work on campus while the application is pending.  If the application is approved, your current SEVIS record (I-20) is reinstated and you are immediately eligible for all F-1 benefits again for which you qualify.

Reinstatement Eligibility

The student:

  1. cannot have been out of status for more than 5 months at the time of filing reinstatement (unless the student can demonstrate exceptional circumstances and he/she is filing as promptly as possible);
  2. does not have a record of repeated or willful violations of USCIS regulations;
  3. is currently pursuing, or intending to pursue a full course of study in the immediate future;
  4. has not engaged in unauthorized employment;
  5. is not deportable on any other grounds; and
  6. establishes to the satisfaction of USCIS by a detailed explanation showing either that
    1. the violation of status resulted from circumstances beyond the student’s control (such as serious injury or illness, closure of KU, a natural disaster, or a mistake made by the international student advisor) OR
    2. the violation relates to a reduction in course load that would have been in the international student advisor’s power to authorize, and failure to approve reinstatement would result in extreme hardship to the student.

Reinstatement Process Overview

  • Write a personal letter explaining circumstances why you are out of status and how you are eligible for reinstatement.
  • Complete USCIS Form I-539 for “reinstatement” following USCIS instructions.
  • Request a Reinstatement I-20 from ISS, required for the USCIS application: submit request in iHawk (F-1 Student Services --> Regain Legal Status) and upload updated proof of finances
  • Pay form I-901 SEVIS fee, if applicable (SEVIS fee is not required if applying for reinstatement and out of status less than five months).
  • Submit complete application by paying the $370 application fee to U.S. Department of Homeland Security.
  • Pay close attention to any notices of action from USCIS, such as Request for Evidence, or Notice to Appear for Biometrics Appointment.
  • If you receive a notice to appear, attend your biometrics appointment as scheduled by USCIS.
  • Processing times are unpredictable (can be 5~12 months).
  • Detailed steps on how to apply provided below.
Advantages
  • Do not lose continuity of student status; if reinstated student status is restored.
  • Can (should) remain in the US while reinstatement application is pending.
Disadvantages/Consequences
  • If reinstatement is denied you must be prepared to depart the U.S. immediately.
  • Also if denied, the visa you used to enter the U.S. is automatically cancelled; you are permanently limited to applying for nonimmigrant visas in the future only in your home country.

How to Apply for Reinstatement

Save the following documents as separate digital documents

(if multiple pages within the same category, create as a single multipage digital document)

 

  • Write your own letter explaining the circumstances of your violation of status and request to be reinstated to legal status.  (You might start in a Word document then save it as PDF.)  You will need to briefly explain the violation and outline how you are eligible for reinstatement. To be eligible, you:
    1. cannot have been out of status for more than 5 months at the time of filing reinstatement (unless the student can demonstrate exceptional circumstances and he/she is filing as promptly as possible);
    2. do not have a record of repeated or willful violations of USCIS regulations;
    3. are currently pursuing, or intending to pursue a full course of study in the immediate future;
    4. have not engaged in unauthorized employment;
    5. are not deportable on any other grounds; and
    6. establish to the satisfaction of USCIS by a detailed explanation showing either that
      • the violation of status resulted from circumstances beyond the student’s control (such as serious injury or illness, closure of KU, a natural disaster, or a mistake made by the international student advisor) OR
      • the violation relates to a reduction in course load that would have been in the international student advisor’s power to authorize, and failure to approve reinstatement would result in extreme hardship to the student.
  • Updated original proof of finances. (Example of sufficient proof: past 4~6 months of bank statements. A letter from the bank alone is insufficient.) If your funding is coming from a family member or sponsor, have your sponsor complete and sign the Affidavit of Financial Support to submit with the accompanying bank/financial statement.
  • Supporting documents.  Include documents that support what you claim in your personal letter.  This might include such things as your transcript (or printout of Degree Progress Report from MyKU) to show your academic record or medical records/letters from a doctor to confirm a medical condition. If appropriate, obtain a letter from your academic advisor confirming expected completion date and that you are making normal progress toward a degree.
  • Passport and visa pages showing your name, photo, and expiration
  • Most recent Electronic I-94 record (https://i94.cbp.dhs.gov); or paper I-94 card (front and back)
  • Start the USCIS I-539 online form – do NOT pay online yet!
    • Go to http://www.uscis.gov/ and create account
      • After creating account, go to Form I-539 and click “File Online”
    • Begin the I-539 form (require for application)
      • Do your best to answer every question on the application
      • You can upload the following evidence prior to meeting with ISS
        • I-94 (https://i94.cbp.dhs.gov/I94 )
        • Passport (upload this as additional upload in the “Your Nonimmigrant Arrival Departure Record (I-94)” section)
        • Visa (upload this as additional upload in the “Your Nonimmigrant Arrival Departure Record (I-94)” section)
      • DO NOT upload an I-20 until you have the REINSTATEMENT I-20 from ISS advisor
      • DO NOT pay the $370 filing fee until you have received your NEW REINSTATEMENT I-20 from your ISS advisor during your Reinstatement appointment (filing fee is NON-REFUNDABLE)
  • Create PDF of draft I-539
    • Once the I-539 is completed (other than a few final uploads, such as the Reinstatement I-20), but before payment is made, download the “view draft case snapshot” PDF from the “review and submit” > “summary” section of the online application;
    • Save a digital image to upload to iHawk
  • Log into iHawk
  • Click on "F-1 Student Services" > "Regain Legal Status"
  • complete all associated e-forms 1 through 7 (including those under “II. Supplemental for Reinstatement Application Only")
    • You will need to upload the digital documents prepared in Step 1 & Step 2
  • E-forms 1 - 3 may be submitted in any order.
  • E-form 2 asks for your academic advisor's email address, as it requires that they verify your anticipated degree/program completion.
  • E-form 3 may require departmental verification if your source of funding is through KU.
  • E-form 4 becomes available only once the first three forms are in "submitted" status. If form 2 or 3 shows "routed" this means that your academic advisor has not yet completed their verification.

After submitting e-form 4 and all supplemental Reinstatement e-forms 5~7, schedule an appointment  for "Reinstatement" with an ISS immigration advisor.

  • Make sure you have the following materials for the Reinstatement appointment, accessible digitally:
    • Your own letter explaining the circumstances, eligibility, and request to be reinstated
    • Draft I-539 (online application)
    • Original proof of finances
    • Any other supporting documents (e.g. transcript, copy of Degree Progress Report, medical letter)
    • Passport and Visa used for your most recent entry
    • Electronic I-94 record (https://i94.cbp.dhs.gov) or paper I-94 card
    • If you have any dependents, their passport, visa, I-94 & dependent I-20
  • The ISS advisor will review the uploaded reinstatement documents with you and create a new Reinstatement Requested I-20 during your appointment if a reinstatement recommendation is warranted.
  • Log back into your I-539 application through the USCIS government website
  • Make edits to I-539 as recommended by ISS advisor
  • Upload new I-20 with Reinstatement requested (under "Evidence" ' "Your Certificate of Eligibility for nonimmigrant Student (I-20)")
  • Pay attention to any Alerts or Warnings!
  • Pay the $420 application fee via bank account, debit card, or credit card
  • Your receipt notice will be automatically generated and available (under "Documents" ' "USCIS Notices")

As always, it is recommended that you retain copies of all documents sent to and received from the United States Citizenship and Immigration Service. 

 

After Filing Reinstatement

Attend/respond immediately to any Notices for Biometrics Appointment or Requests for Evidence (RFE)
  • Check your online application status regularly and pay attention to any noticed received online and/or via mail.
  • Failure to respond to or attend according to the notice(s) may result in denial of your reinstatement application.
Upon Receiving the Results of the Reinstatement Application

If USCIS reinstates you, you will receive an “I-797C Approval Notice” – the only proof that you have been reinstated. Provide a copy of the approval notice and meet with an ISS immigration advisor to have your F-1 record properly updated. At that time we can issue you an I-20 for “Continued Attendance”.

If you are not reinstated, please notify us with a copy of the Reinstatement denial notice. We would recommend you seek immediate legal counsel from a qualified immigration attorney.

Option 2: Travel outside the U.S. and re-enter with a new I-20 (Travel & Re-Entry)

 

If you are not eligible or a poor candidate for reinstatement (details above) you do have an alternative method to regain student status. By the travel and re-entry method, you are making an active choice to leave the U.S. and attempt to return. Prior to leaving, you will need to obtain a new I-20 marked “Initial Attendance” from ISS and use the new I-20 to re-enter the U.S. After making a new entry, you will in effect start your student status all over again.

Travel & Re-Entry Process Overview

  • Request a Travel & Re-Entry Initial I-20 from ISS: submit request in iHawk (F-1 Student Services --> Regain Legal Status) and upload updated proof of finances.
  • Pay form I-901 $350 SEVIS fee.
  • Travel outside of the U.S., and re-enter to regain legal F-1 status with the new Initial I-20.
  • Must complete an ISS check-in upon re-entry and pay $50 ISS check-in fee.
Advantages
  • May be the right choice if you had already made plans to travel (i.e. for vacation, to visit family, etc). The speed or convenience of the travel option outweighs applying for conventional reinstatement.
  • No application or fee is required.
  • Upon re-entry and check-in with ISS, your new F-1 status will allow you to resume an assistantship or engage in on-campus employment.
Disadvantages
  • May not be the right choice if you are close to completing your degree and plan to apply for optional practical training. With new entry you must wait/maintain student status for one full academic year before regaining eligibility to apply for practical training or any off campus work authorization.
  • Face the risk of a visa denial if you must apply for a new F-1 visa.
  • Face the risk of your admission into U.S. being denied at port-of-entry (even if you are in possession of valid new I-20, passport, and F-1 visa).
  • Pay the $350 SEVIS fee prior to re-entering the U.S., or before applying for an F-1 visa (if new visa is required).
  • Reentry to the U.S. is limited to no earlier than 30 days before the new I-20 program start date.

How To Request an I-20 for Travel & Re-Entry 

  • Login to iHawk
  • Click on "F-1 Student Services" and then "Regain Legal Status" and complete all associated e-forms
  • E-forms 1 - 3 may be submitted in any order.
  • Form 2 asks for your academic/graduation advisor's email address, as it requires that they verify your anticipated degree/program completion.
  • Form 4 becomes available only once the first three forms are in "complete" status. If form 2 shows "awaiting answer" this means that your academic/graduation advisor has not yet completed their verification.

After submitting e-form 4, schedule an appointment  for "Travel & Re-Entry I-20" with an ISS immigration advisor.

The ISS immigration advisor will review your I-20 request submitted in iHawk. If approvable, you will receive your new Initial I-20.

Accessibility Statement

An accessible version of the documents on this site will be made available upon request. Please contact the International Support Services , at iss@ku.edu to request the document be made available in an accessible format.