Reinstatement/Regain F-1 status

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.

Students seeking to regain F-1 status should obtain information from the F-1 international student advisors. We will provide information concerning the pros and cons of reinstatement and travel/re-entry. 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.

The F-1 international student advisors do 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
   

Complete the mandatory Reinstatement Responsibilities Checklist

• Students must sign the online "Reinstatement Responsibilities Checklist" before requesting an initial I-20

Email the following documents to f1@sfsu.edu from your SF State email account, include your full name and SF State student IDs in your email. 

An F-1 international student advisor will review their request and issue an initial I-20 within 5 business days. Students must clear all the registration holds to receive I-20s.

• A signed New I-20 Request Form (PDF, 209 KB)
• A signed Financial Affidavit Form (PDF, 296 KB)
• Proof of Finances
  • Students and 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 must have.
    • If they have financial sponsor(s), their sponsor(s) must provide a Sponsor’s Letter. See Sample_Financial_Sponsor_Letter (Microsoft Word, 12 KB) signed by the sponsor(s) along with the financial proof.
    • 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 6 months.

After receiving the initial I-20

• Pay an 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 after 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 F-1 international student advisors by emailing f1@sfsu.edu.
• Maintain F-1 status by following the instructions posted at Maintaining Status.

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

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

Complete the mandatory Reinstatement Responsibilities Checklist

• Students must sign the online "Reinstatement Responsibilities Checklist" before requesting an Reinstatement I-20

Email the following documents to f1@sfsu.edu from your SF State email account, include your full name and SF State student IDs in your email. 

An F-1 international student advisor will review their request and issue an initial I-20 within 5 business days. Students must clear all the registration holds to receive I-20s.

• A signed New I-20 Request Form (PDF, 209 KB)
• A signed Financial Affidavit Form (PDF, 296 KB)
• Letter of explanation
  • Write a one-page letter that explains in detail the circumstances or reasons that caused them to violate their F-1 student status. The letter should state evidence supporting their case, if possible.
  • Students' letters should include the following points:
    • The current degree program, major, and expected program completion semester and year. 
    • 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.
    • They have not been employed off-campus without authorization, they have not violated any other immigration regulations.
    • They are currently enrolled as a full-time student and/or they intend to pursue a full course of study for the next semester.
    • The letter should be written in as much detail as possible as this will be the students' only opportunity to explain their situation.
    • See Sample_Reinstatement_Explanation_Letter (Word, 14KB).
• Proof of Finances
  • Students and 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 must have.
    • If they have financial sponsor(s), their sponsor(s) must provide a Sponsor’s Letter. See Sample_Financial_Sponsor_Letter (Microsoft Word, 12 KB) signed by the sponsor(s) along with the financial proof.
    • 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 6 months.
• Scanned copies of students' passport(s). Only the bio page with their photo is sufficient.
• Most current I-94 verifying students' current non-immigrant status.

File Online

• USCIS has authorized students to file I-539, Application To Extend/Change Nonimmigrant Status online. 
• See I-539, Application to Extend/Change Nonimmigrant Status Online Filing Instructions (Link to Google Slides).

Filing fees

• Follow the instructions 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 the students' case number.  Students can check their application status by entering this number at USCIS’s website: http://www.uscis.gov/. 
• Call the 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 promptly, it may result in the denial of their change of status application.
• Students are advised to contact the F-1 international student advisors if receive 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 f1@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.