Regaining F-1 Student Status: Reinstatement vs. Reentry

Overview

Maintaining F-1 student status is essential for international students studying in the U.S. However, some students lose their status due to failure to maintain a full course load, unauthorized employment, or SEVIS record issues. Fortunately, there are two ways to regain F-1 status:

1. F-1 Reinstatement (Apply Within the U.S.)
2. F-1 Reentry (Leave and ReenterReenter with a New Visa)

Both options have advantages and risks; the best choice depends on individual circumstances.

1. Understanding the Loss of F-1 Status

F-1 students lose status if they:

• Drop below full-time enrollment without approval.
• Work without proper authorization.
• Stay beyond their authorized program duration.
• Fail to update their SEVIS record or violate immigration rules.

If you lose status, you must take immediate action to either apply for Reinstatement or leave and re-enter with a new visa.

2. Option 1: Reinstatement Through USCIS (Stay in the U.S.)

The F-1 reinstatement process allows students to restore their status without leaving the U.S.

Eligibility for Reinstatement:

• You did not violate your status for more than 5 months before applying.
• Your violation was due to circumstances beyond your control.
• You are currently enrolled or will enroll in a full-time program.
• You have not engaged in unauthorized employment.

Application Process:

1️. Request a New I-20 from Your DSO (with reinstatement request).

2️.  File Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS.

3️.  Include Supporting Documents, such as:

• A detailed letter explaining why you lost status and why Reinstatement is necessary.
• Proof of financial support to continue studies.
• SEVIS fee payment receipt (if applicable).
• Mail the application to USCIS and wait for approval.

Processing Time & Considerations:

• Processing takes 6-12 months.
• You CANNOT work while Reinstatement is pending.
• Risk of denial—If denied, you must leave the U.S. immediately.

3. Option 2: Travel & Reentry (Leave the U.S. & Get a New F-1 Visa)

Instead of waiting for Reinstatement, you can leave the U.S. and apply for a new F-1 visa to return.

Steps for Reentry:

1️. Obtain a New I-20 from Your School (marked “Initial Attendance”).

2️.  Pay the SEVIS Fee Again (since you will get a new SEVIS record).

3️.  Schedule a Visa Appointment at a U.S. embassy/consulate in your home country.

4️.  Attend the Visa Interview and explain why you must regain F-1 status.

5️.  ReenterReenter the U.S. and start your studies.

Pros & Cons of Reentry:

• Faster than Reinstatement—Processing takes a few weeks.
• You can resume working on-campus or CPT/OPT upon Reentry.
• Risk of visa denial—You may not return to the U.S. immediately if denied.
• Travel costs—You must fly home and attend a visa interview.

4. Which Option is Best for You?

Choose Reinstatement if:

• You want to stay in the U.S. and avoid visa risks.
• You are confident that USCIS will approve your case.
• You cannot afford to leave the U.S. for a new visa.

Choose Reentry if:

• You need a faster solution (instead of waiting months for USCIS).
• You have a strong visa history and can attend a visa interview.
• You want to work or apply for CPT/OPT without delay.

Always consult your DSO and consider seeking legal advice before making a decision.

5. Conclusion

Losing F-1 status is stressful, but students have two options: Reinstatement (applying from the U.S.) or re-entry (traveling for a new visa).

• Reinstatement takes longer but allows students to stay in the U.S.
• Reentry is faster but involves the Risk of visa denial.

Students must evaluate their situation and choose the best approach to regain legal F-1 status.

People Also Ask (PAA):

1. What happens if I lose my F-1 student status?

Losing F-1 status means you cannot legally stay or work in the U.S. unless you apply for Reinstatement or re-enter with a new visa.

2. How long does F-1 Reinstatement take?

Reinstatement processing times vary but can take 6-12 months.

3. Can I work while my F-1 reinstatement application is pending?

No, you CANNOT work while Reinstatement is pending.

4. Is it better to apply for Reinstatement or leave and reenterreenter?

It depends. Reinstatement takes longer but avoids travel. Reentry is faster but carries visa denial risks.

5. What are the risks of traveling to regain F-1 status?

You cannot return to the U.S. immediately if your visa is denied.

6. Do I need to pay the SEVIS fee again for Reentry?

Since you will receive a new SEVIS ID, you must pay the SEVIS fee again.

7. Can I continue my studies while my Reinstatement is pending?

Yes, but you cannot work until Reinstatement is approved.

8. What if my reinstatement application is denied?

You must leave the U.S. immediately or explore other visa options if denied.

9. How can I avoid losing my F-1 status in the future?

Stay enrolled full-time, update your SEVIS record, and follow visa rules.

10. Can I change to another visa type instead of reinstating F-1?

You can apply for H-1B, L-1, or another visa, but you must meet eligibility criteria.

By carefully considering Reinstatement vs. Reentry, F-1 students can regain legal status and continue their education in the U.S.