Restore F-1 Status

If an F-1 student fails to follow the regulations and requirements set by the U.S. government for F-1 students, the student’s F-1 immigration record is terminated and the student is “out of status”. Being out of status is a serious matter; all F-1 benefits cease and the student can be subject to deportation.

Students who are out of status:

• Are not eligible to work.
• May be contacted by Homeland Security agents.
• May be subject to deportation.
• Are not prohibited from enrolling due to their immigration status

Students who meet eligibility requirements can request that their F-1 status be restored. There are two options to regain a valid F-1 immigration status. As you consider your reinstatement options, you may also want to consult with an immigration attorney.

In order to regain F-1 status, you must be able to study full-time at UT Dallas. You should continue to enroll full-time while you attempt to restore your F-1 status.

See our Reinstatement Guide for other details on the options below.

Option 1

New Status by Travel

You can reinstate your F-1 status by departing the U.S. and applying for an F-1 visa at a U.S. consulate. With this option, you will be given a new SEVIS ID number and you will have to re-establish eligibility for practical training.

Eligibility

• No academic or financial holds preventing you from enrolling.
• Can show sufficient proof of funds to obtain a new Form I-20.
• You are not inadmissible for any other reason, such as a criminal conviction.

Process

1. Submit materials for a Form I-20 through iComet.
   • Log into icomet.utdallas.edu with your NetID and password. Choose “F-1 Current Students” on the left, and click on the tile for “Reinstatement.”
2. ISSO will notify you at your UT Dallas email address when your I-20 is ready. The I-20 will be attached to the email as a PDF. You must print and hand-sign page 1 of the new Initial I-20.
3. Pay the SEVIS I-901 fee, if required, and print the receipt.
4. Obtain a visa appointment at a U.S. consulate or embassy. (Canadian students do not require this step).
   • Review the Visa Application webpage for a list of documents to take.
   • In addition, you should take proof of maintaining F-1 status prior to your termination, such as academic transcripts showing your full-time enrollment.
   • You may also take any other supporting documents you feel are relevant to your situation.
5. If approved, re-enter the U.S. in a new F-1 status. You cannot enter more than 30 days before the program start date.
6. Complete New Student Check In through iComet again and provide copies of the new stamped I-20, stamped I-94 card and F-1 visa to the ISSO. (You do NOT need to do the F-1 Status Workshop again if you have done it in the past.) Your new SEVIS immigration record cannot be registered as “Active” until these copies are submitted to ISSO. If you do not complete this step, you F-1 record will be terminated.
7. Because this is a new status, you must be enrolled for two more long semesters before becoming eligible for off-campus employment (CPT, OPT, EH), even if you already met this requirement prior to the termination.

Option 2

Reinstatement by Petition

You can remain in the U.S. and apply for reinstatement of your F-1 status through USCIS. With this option, if approved for reinstatement you will keep your same SEVIS ID number. You must remain in the U.S while your application is being processed, which can take a year or longer.

Eligibility

According to federal immigration regulations, you are eligible for reinstatement by petition if you meet the ALL of following conditions:

• You are in the United States and have violated your F-1 status due to circumstances beyond your control or for a failure to apply in a timely fashion for a reduced course load authorization from your International Student Advisor.
• The violation did not occur more than five months ago.
  • If the violation occurred more than five months ago, there may be a higher chance that your petition will be denied. USCIS officials have the discretion to determine if a student warrants reinstatement even if the violation occurred more than five months ago. See step 3 below for additional documents you should submit.
• You have not engaged in unauthorized employment.

Process

1. Submit materials for a Form I-20 through iComet.
   • Log into icomet.utdallas.edu with your NetID and password. Choose “F-1 Current Students” on the left, and click on the tile for “Reinstatement.”
2. ISSO will notify you at your UT Dallas email address when your I-20 is ready. The I-20 will be attached to the email as a PDF. You must print and hand-sign page 1 of the Reinstatement I-20. You will submit a copy of the signed document to USCIS.
3. Assemble the required documents and file the I-539 petition with USCIS. See our Reinstatement Guide for a list of key documents.
   • If your termination occurred more than five months ago, pay the SEVIS I-901 fee again and print the receipt to include with your documents. Also ensure that your Letter of Explanation addresses why you are submitting your application more than five months after your termination.
4. USCIS will mail a receipt 2-3 weeks after submission to the address listed on your application. If you apply online, you will immediately receive a digital receipt in your MyUSCIS portal.
   • Note: If you have F-2 dependents at the time you fall out of status, you cannot apply for reinstatement for you and your dependents online. You must apply by paper/ mailed application. Additional fees and forms (I-539 A) are required for co-applicants. Please read the filing instructions carefully. You must also include the immigration documents of your F-2 dependents and proof of their dependent status (marriage certificate, birth certificate, etc) in your application.
5. Continue to enroll as a full time student while you wait for the USCIS decision. You must not leave the U.S. while the petition is pending or your request could be canceled by USCIS.
6. USCIS will send a decision letter. USCIS processing times vary widely. A common wait period is 6-12 months after submission. You can check the current expected processing times for the I-539 – Reinstatement to student status on USCIS’ website.

If the petition is approved you may start/resume on-campus employment, if applicable, as soon as you receive the written approval. If you have been full-time enrolled for at least one academic year prior to the violation you are eligible for off-campus employment. You do not have to re-qualify.

If the petition is denied you will likely be instructed by USCIS to leave the U.S. and the visa you used to enter the U.S. is automatically canceled. If you remain in the U.S. after the denial decision, you may start accumulating “days of unlawful presence.”

• 180 days of unlawful presence means you will be barred from the U.S. for 3 years.
• 1 year or more of unlawful presence means you will be barred from the U.S. for 10 years.

If you want to pursue further options in the U.S. you can do so by contacting an immigration attorney. An immigration attorney can also advise you on the effects of “unlawful presence.”