Reinstatement/Regain F-1 Status - Center for Global Engagement

Students may be eligible for travel/re-entry only if they

• Are currently pursuing, or will in the next available semester be pursing, a full course of study.
• Has not engaged in unauthorized employment.

Attention

• Students will be required to satisfy the "full academic year" waiting period for eligibility for off-campus employment authorization such as Curricular Practical Training (CPT) and Optional Practical Training (OPT).
• For example, if students are graduating in Fall 2022 and regained F-1 status in Summer 2022 by travel, they will not be eligible for Post-Completion OPT when they graduate in Fall 2022.

Students may be eligible for reinstatement only if they

• Have not been out of status for more than 5 months at the time of filing the request for reinstatement. Speak to an F-1 international student advisor if they have been out of status for more than 5 months.
• Do not have a record of repeated or willful violations of F-1 regulations.
• Are currently pursuing, or will in the next available semester be pursing, a full course of study.
• Have not engaged in unauthorized employment.
• Are able to establish to the satisfaction of USCIS that the violation of status resulted from circumstances is beyond their control.
• Do not plan to travel outside the U.S, as doing so will be considered an abandonment of the pending reinstatement application.

Reinstatement is only granted under the limited conditions and is a lengthy and complex process. Students must discuss their case in details with an F-1 international student advisor. The advisor will be realistic about the chances of approval, to fully discuss the possible consequences of a reinstatement denial. In some cases, the advisor may suggest that they consult with an experienced immigration lawyer.

Students seeking to regain F-1 status should obtain information from CGE. CGE will provide information concerning the pros and cons of reinstatement and travel/reentry. It is up to the student to determine which method is in their best interest, and the student assumes all liability associated with any decision made.

CGE does not provide legal advice. For complicated cases, an experienced immigration lawyer is best positioned to advise on all aspects of any reinstatement application, including exploring alternative immigration strategies such as consular processing and re-entry, responding to Requests for Evidence (RFEs), and other matters that relate to the personal immigration status of students and their dependents.

Due to the fluid nature of governmental interpretation, applicants must understand that U.S. Citizenship and Immigration Services (USCIS) reserves the right to change their interpretation of immigration regulations or requirements to establish eligibility for benefits at any time.

Review the reinstatement and travel/re-entry resources above carefully

• Understand students' responsibilities
• Choose a desired method of changing to F-1 status
• For assistance, please email globaled@sfsu.edu

Upload the following documents to the Box folder. We accept digital signatures, scanned copies, and high-resolution/clear pictures of the completed form and documents.

An F-1 international student advisor will review their request and issue an initial I-20 within five business days. Students must clear any outstanding program fees in order to receive I-20s.

• A signed Financial Affidavit Form. Choose the appropriate form depending on your program:
  • ALI/EAP Financial Affidavit Form
  • Academic Programs Financial Affidavit Form

• Proof of Finances: students and/or their sponsor(s) must prove that they have the financial ability to pay for school costs plus living expenses for one academic year.
  • See page 1 of the Financial Affidavit Form for the minimum amount of funds they are required to have.
  • Acceptable types of proof: balance verification issued by the bank or Financial Guarantee/award letters issued by the scholarship organization.
  • The proof must be issued within the past six months.
  • Photocopies are acceptable.

After receiving the initial I-20

• Pay a I-901 SEVIS fee online.

Leave the U.S.

• Students should leave the U.S.
• Students who have expired F-1 visas must return to their home countries to apply for new F-1 visas.

Return to the U.S.

• Students should return to the U.S. with their initial I-20. Students may enter the U.S. no more than 30 days of the program start date indicated on the initial I-20.
• No later than 30 days after entering the U.S., students must report their arrival to CGE by emailing globaled@sfsu.edu.
• Maintain F-1 status by following the instructions posted at Maintaining Status.

Failure to report to CGE after returning to the U.S. will result in losing F-1 status again.

After receiving the initial I-20

• Pay a I-901 SEVIS fee online.

Leave the U.S.

• Students should leave the U.S.
• Students who have expired F-1 visas must return to their home countries to apply for new F-1 visas.

Return to the U.S.

• Students should return to the U.S. with their initial I-20. Students may enter the U.S. no more than 30 days of the program start date indicated on the initial I-20.
• No later than 30 days after entering the U.S., students must report their arrival to CGE by emailing globaled@sfsu.edu.
• Maintain F-1 status by following the instructions posted at Maintaining Status.

Failure to report to CGE after returning to the U.S. will result in losing F-1 status again.

Review the reinstatement and travel/re-entry resources above carefully

• Understand students' responsibilities
• Choose a desired method of changing to F-1 status

Upload the following documents to the Box folder. We accept digital signatures, scanned copies, and high-resolution/clear pictures of the completed form and documents.

An F-1 international student advisor will review their request and issue an initial I-20 within five business days. Students must clear any outstanding program fees in order to receive I-20s.

• Student letter of explanation:
  • Write a one-page (no longer) letter that explains in detail the circumstances or reasons that caused them to violate their F-1 student status. Include evidence supporting their case, if possible. Students' letters should include the following points: they are currently enrolled as a full-time student and/or they intend to pursue a full course of study for the next semester, they have not been employed off campus without authorization, they have not violated any other immigration regulations, their failure to maintain F-1 student status was due to circumstances beyond their control and failure to receive reinstatement to student status would result in extreme hardship. Their letter should be written in as much detail as possible as this will be their only opportunity to explain their situation to the USCIS.
• A signed Financial Affidavit Form. Choose the appropriate form depending on your program:
  • ALI/EAP Financial Affidavit Form
  • Academic Programs Financial Affidavit Form
• Proof of Finances: Students and/or their sponsor(s) must prove that they have the financial ability to pay for school costs plus living expenses for one academic year.
  • See page 1 of the Financial Affidavit Form for the minimum amount of funds they are required to have.
  • Acceptable types of proof: balance verification issued by the bank or Financial Guarantee/award letters issued by the scholarship organization.
  • The proof must be issued within the past six months.
  • Photocopies are acceptable.
• Sponsor's Letter: See template.

File Online

• USCIS has authorized students to file I-539, Application to Extend/Change Nonimmigrant Status online.
• See SF State’s Office of International Programs I-539, Application to Extend/Change Nonimmigrant Status Online Filing Instructions.

Filing Fees

• Follow the instruction at Filing Fees | USCIS.

Notice of Action

• Students should receive a receipt immediately after filing online and the I-797C, Notice of Action 3-4 weeks in the mail.
• I-797C is the receipt letter with students' case number. Students can check their application status by entering this number on the USCIS website.
• Call USCIS National Customer Service Center if they did not receive an I-797C.

Request of Evidence (RFE)

• If the USCIS needs further clarification from students regarding their application, a Request for Evidence (RFE) notice will be sent to them. It is important to follow the instructions on the RFE carefully and by the noted deadline. If an RFE is not filed correctly in a timely manner, it may result in denial of their change of status application.
• Students are advised to contact CGE if received RFE.

Biometrics

• Students will receive a biometric services appointment notice containing their receipt number.
• The biometric services appointments will be scheduled at the Application Support Center (ASC) closest to the their address.
• During the appointment, USCIS will collect their biometric information such as fingerprints as part of their reinstatement application.

Approval

• USCIS will mail students an Approval Notice with an I-94 card at the bottom.
• The I-94 will have the "F-1" designation and "Valid for Duration of Status (D/S)" remarks on it.
• Email a copy of this approval notice to globaled@sfsu.edu from SF State email address.
• Maintain F-1 status by following the instructions posted at Maintaining Status.

Denial

If USCIS denies students' Form I-539 petition, they must be prepared to leave the U.S. immediately.