ISSS Link (e-forms)

Out of Status Options

F-1 and J-1 international students have certain requirements mandated by federal regulations that they need to be aware of, and comply with, during their studies. It can be easy to maintain one's nonimmigration status. Unfortunately, on occasion, a student may fall out of status. Common reasons a student may lose their F-1 or J-1 status include, but not limited to:

  • Failure to maintain a full course of study (e.g. dropped below full-time without receiving an authorized reduced course load).
  • Working without proper employment authorization.
  • Failure to make normal progress toward program completion (including if a student is terminated from their academic program due to poor performance).
  • Failure to maintain health insurance that meets the US Department of State's requirements (J-1 students and their dependents only).
  • Any other violation of the F-1 or J-1 regulations.

In addition to having their SEVIS record terminated, students who fall out of status are not eligible for benefits such as employment, extensions, travel signatures, etc. Students who have lost their status should take prompt action to regain lawful status in the US. Failure to return to lawful status in a timely manner can have serious (and possibly) permanent immigration consequences. 

F-1 Students

F-1 students who fall out of status have two options:

  1. Travel Internationally
    • Requires the student to depart the US and return using a new SEVIS record and I-20.
  2. Apply for Reinstatement: 
    • Requires the student to file an application with US Citizenship and Immigration Services (USCIS).
       
    • Reinstatement is only granted under the limited conditions specified in the federal regulations, and it is at the discretion of USCIS.
       
    • F-1 Reinstatement Eligibility:
      • Enrolled in a full course of study.
      • Able to show that the violation was caused by circumstances beyond the student’s control, such as serious injury or illness, natural disaster, or closure of the university.
      • Provides evidence showing that if not reinstated, it would cause extreme hardship.
      • The student does not have a history of repeated violations.
      • The student has not worked without employment authorization or committed other serious violations.
      • The student has not been “out of status for more than five months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the five month period was the result of exceptional circumstances)."
        • Note: The earlier a student takes action, the more favorable the US government will look upon their application.

Both of the F-1 out of status options have their own advantages and disadvantages. 

  1. Travel Internationally
    • Pros:
      • Can be faster than reinstatement.
      • Good option if the student has international travel plans in the near future.
      • Only option for students who want to regain lawful status but do not qualify for reinstatement.
         
    • Cons:
      • The student is subject to the new student pre-arrival and check-in requirements including:
      • Associated costs (e.g. international travel, I-901 SEVIS fee, visa processing fees, etc.).
      • No guarantee that the student will be issued a new visa or permitted to re-enter the US as these decisions are made by the US Department of State (DOS) and US Customs and Border Protection (CBP) respectively.
  2. Apply for Reinstatement
    • Pros:
      • Less expensive
        • Even though the student will need to pay the I-539 filing fee, it is likely less expensive than traveling internationally.
        • Students requesting reinstatement do not need to pay the I-901 SEVIS fee again unless they were out of status for more than five months.
    • Cons:
      • Not all students who fall out of status qualify for reinstatement.
      • USCIS I-539 application processing times vary greatly.
      • While the application is pending, the student cannot:
        • work on or off campus; or
        • travel internationally (doing so is considered an abandonment of the pending application).
      • No guarantee that the application will be approved by USCIS.

  1. Prepare and gather the documentation required to submit an I-539 application to USCIS.
    • Completed Form I-539
    • Financial documentation for the remainder of the student's program or for one academic year, whichever is less.
    • Copy of the passport ID page and any extension pages
    • Copy of the most recent F-1 visa
    • Copies of all I-20 (pages 1 and 3)
    • Print out of most recent I-94
    • Official transcript from the Office of the Registrar
    • Letter explaining why the student fell out of status. This letter should include:
      • A request for reinstatement to F-1 student status
      • Confirm that the student intends to pursue a full course of study
      • List the violation and the reason(s) for it
      • Describe the specific circumstances and the negative consequences of not getting reinstated
    • I-539 filing fee (see Fee Schedule for current amounts)
       
  2. Schedule an appointment with ISSS advisor.
    • The student should bring all of the required documents listed above to their appointment.
    • If eligible, the ISSS advisor will create a new I-20 for the student that contains the advisor’s recommendation for reinstatement.
       
  3. Sign and date the new reinstatement I-20 and include a copy with the other application materials.
     
  4. File the application with USCIS by mail (paper filing) or file it online.

J-1 Students

J-1 students who fall out of status may request reinstatement from the US Department of State (DOS). The J-1 reinstatement process is difficult, and there is no guarantee that the application will be successful. Students interested in reinstatement should schedule an appointment with their ISSS advisor as soon as possible. DOS views cases more favorably if the student acts in a timely manner.

DOS will not consider requests for reinstatement if the J-1 has:

  • Knowingly or willfully failed to maintain health insurance that meets the DOS requirements for the duration of their time in the US.
  • Engaged in unauthorized employment.
  • Been suspended or terminated from their program.
  • Failed to pay the I-901 SEVIS fee.
  • Been out of status for more than 270 days.
  • Dropped below full-time without receiving an authorized reduced course load.

For more information visit the DOS’ Bridge USA website.

  1. Pay the reinstatement fee through Pay.gov.
     
  2. Prepare and gather the required documentation listed below:
    • Copies of all previous DS-2019s
    • SEVIS I-901 receipt
    • Print-out of Pay.gov payment confirmation page
    • If the student has been out of status for more than 120 days, but less than 270 days, the student must show:
      • It was a result of circumstances beyond their control; or
      • They will experience unusual hardship if not reinstated. Unusual hardship is something that would not normally happen because of failure to get reinstated. Thus, the need to buy a return plane ticket would not be considered unusual hardship.
         
  3. Schedule an appointment with ISSS advisor.
    • Students should bring all of the required documents listed above to their appointment.
    • If the ISSS advisor determines that the student is eligible for reinstatement, the advisor will:
      • submit the request in SEVIS; and
      • send the supporting documents to DOS on the student’s behalf.
         
  4. Wait for a response from DOS.
    • DOS usually responds within 45 days of receiving a reinstatement request.
    • The student may remain in the US while their request is pending with DOS.
    • DOS Decision
      • If the reinstatement is approved, the ISSS advisor will provide the student with a new DS-2019.
      • If the reinstatement is denied, the ISSS advisor will notify the student and the student will need to make plans to depart the US immediately.

Copyright 2023 Emory University

EEO Employer - Disability/Veteran Statements | Copyright