Losing F-1 Status
As international students on F-1 visas, there are rules students must follow in order to “maintain status.” There are several reasons students can break the rules and lose their status, rendering them “out of status.” Among the most common are:
- Failure to enroll full-time (see full course of study requirements)
- Failure to obtain ISSS’s Reduced Course Load permission before dropping below full-time
- Failure to request an I-20 extension before your current I-20 expires (see program extension)
- Failure to transfer schools in a timely manner
- Failure to request a new I-20 for a new UMN degree program in a timely manner
- Working without authorization. Note: A student who has worked without authorization is not eligible for reinstatement.
If you think that you may be out of status, please contact ISSS immediately. The longer you wait to address the problem, the more difficult it can become. Furthermore, only students in valid F-1 status are eligible for F-1 benefits (e.g. authorization to work on-campus, practical training work authorization).
NOTE: If an F-1 student has lost status, all F-2 dependents have also lost status.
Two Options For Regaining F-1 Status
In most cases, a student who has failed to maintain F-1 student status and wishes to regain valid status has two options:
- Depart and re-enter the United States with a new I-20 (issued by either the school where you lost your status or a new school).
- Apply for reinstatement of status through an application to USCIS. This must be done with the support of the ISSS.
Students must carefully review the table below and discuss their options with an ISSS advisor before deciding how, or whether, to regain F-1 status.
Consideration Comparison of Two Options
| Consideration | Re-entry into the U.S. | Reinstatement* |
|---|---|---|
| Cost | Incurs travel expenses and requires new SEVIS I-901 fee | Requires USCIS reinstatement application fee and incurs any immigration attorney fees |
| On-Campus Employment | May resume on-campus employment after re-entry | Ineligible for on-campus employment until reinstatement is approved |
| Practical Training (CPT or OPT) | Eligible for CPT or OPT only after one academic year of study after re-entry | Eligible for CPT or OPT if student completed one academic year before falling out of status, or after completing one academic year following reinstatement |
| Presence in the U.S. | Requires departing the U.S.; risk of denial of re-admission to the U.S. at the port of entry | Remain in the U.S. while application is processing |
| Time Involved | Regain status quickly by re-entering the U.S | Dependent upon USCIS processing times, typically a few months to a year |
| Visa Validity | Requires a valid visa for re-entry | Valid visa not required |
*Reinstatement: Eligibility
Reinstatement is an application the student sends to the U.S. Citizenship & Immigration Services (USCIS) requesting permission to regain legal F-1 status. According to immigration regulations, however, not everyone is eligible for reinstatement. Below are the eligibility requirements. Make sure you meet with an ISSS advisor to discuss your particular circumstances. Students should also consult with a US immigration attorney to file the application. Current UMN students who have paid the Student Services Fee may be eligible to consult with an immigration attorney in UMN’s Student Legal Service at no additional cost.
Eligibility Requirements:
- You have been out of status for less than 5 months*
- You are enrolled full time or plan to enroll full time as soon as possible
- You have not engaged in unauthorized employment
- You are not in deportation procedures
- You fell out of status for reasons beyond your control
- You do not have a record of repeated or willful violations
- You are not deportable on any other grounds
*Students who have fallen out of status have a period of 5 months to apply for reinstatement. If 5 months pass and you have not applied for reinstatement, USCIS is less likely to approve your application because you will have to demonstrate that there were exceptional circumstances which prevented you from applying in a timely manner.
