On This Page: Maintaining Status • Falling Out of Status • Regaining Status
Maintaining Status
You must maintain your F-1 student status to remain in the U.S. legally while pursuing your studies. It’s important to understand the difference between your student visa and your student status, as both play a role in your ability to study in the United States.
Visa vs. Status: What’s the difference?
- Student Visa: Your F-1 visa is a travel document issued by a U.S. consulate or embassy. It allows you to seek entry into the U.S. but does not guarantee entry. At the port of entry, a Customs and Border Protection (CBP) officer will review your I-20, visa and other documents. If allowed entry, you will receive an electronic Form I-94 record confirming your date of entry, visa category, and D/S, for Duration of Status.
- Student Status: Once admitted into the U.S., your F-1 student status begins. This status is what you must maintain during your stay. Even if your visa expires while you are in the U.S., you can remain in the country as long as your I-20 is valid and you are maintaining your student status.
What does it mean to “maintain status”?
As an F-1 student, maintaining your status means you must continue to meet the purpose for which your visa was granted – pursuing a full course of study at the University of Arizona. Some of the key aspects of maintaining your F-1 status include:
- Full-Time Enrollment: You must enroll full-time every fall and spring semester.
- Employment: You may only work as permitted under your F-1 visa, such as on-campus employment or practical training options like CPT or OPT.
- Academic Changes: You must contact ISS within 10 days if any of the information on your I-20 changes or if you will need more time to complete your degree program.
- Address Reporting: You must report any change of address in MyGlobal within 10 days of moving.
Remember, maintaining your immigration status is your responsibility. Immigration laws and university policies can change, so check the ISS website regularly, and meet with an international student advisor if you have any questions or concerns.
Falling Out of Status
Falling out of status means you have violated the terms of your F-1 visa. Common reasons students fall out of status include:
- Failing to maintain full-time enrollment (not enough total units or too many online units)
- Working without authorization
- Letting your I-20 expire without completing your degree program
If you fall out of status, your I-20 record in SEVIS will be terminated. You will lose the benefits of your F-1 visa, such as work authorization and the ability to stay legally in the U.S. Additionally, a hold will be placed on your account blocking all enrollment activity until you have met with an international student advisor.
Regaining Status
If your record has been terminated, there are two primary ways to regain your status: applying for reinstatement or traveling and re-entering the U.S. with a new initial I-20.
Reinstatement
F-1 reinstatement is a process that allows students who have violated their F-1 status to regain their legal status and continue studying in the United States. Students must first request an I-20 recommending reinstatement from ISS, before submitting an application to U.S. Citizenship and Immigration Services (USCIS).
Eligibility:
- You have not been out of status for more than five months at the time of applying.
- You do not have a history of repeated or willful violations of U.S. immigration regulations.
- You are currently enrolled or intend to enroll full-time at the University of Arizona.
- You did not engage in unauthorized employment.
- You are not deportable on any grounds other than failing to maintain F-1 status.
- You can show:
- That the violation of your status resulted from circumstances beyond your control, such as serious illness, closure of the institution, natural disaster, or an error by a Designated School Official (DSO)
- How failing to approve your reinstatement would result in extreme hardship
Advantages:
- You may remain in the U.S. while your reinstatement application is pending.
- You can continue studying full-time during this period.
- If reinstated, your F-1 status is restored, along with all associated benefits.
Disadvantages:
- You cannot work on or off-campus while the application is pending.
- Leaving the U.S. while the reinstatement is pending will result in automatic denial of your application.
- USCIS processing times vary and can take several months to over a year.
- If denied, you will need to depart the U.S. promptly and face additional consequences:
- Your visa may be automatically canceled.
- You may be permanently restricted to applying for nonimmigrant visas only from your country of citizenship or permanent residence in the future.
- You will accrue unlawful presence in the U.S., which could lead to bars from reentry if you remain in the U.S. more than 180 days following the denial.
- There is no appeal for a denial, but you may file a motion to reopen or reconsider.
How to Apply:
- Meet with an advisor. Meet with an international student advisor to complete the Out of Status Attestation and discuss options for regaining F-1 status.
- Request an I-20. Submit the Reinstatement I-20 e-form in MyGlobal. In the e-form, you will be asked to provide:
- Proof of funding
- Academic advisor’s information (for confirming your expected degree completion date)
- Signed and dated letter explaining how the status violation was due to circumstances beyond your control and how failure to approve the reinstatement would result in extreme hardship. The letter should be addressed to USCIS.
- Submit your documents to USCIS. USCIS offers the option to file electronically or to send the complete application to USCIS by mail. You must choose one filing option. Do not file both. You can read more about the Benefits of a USCIS Online Account on the USCIS website.
- Checklist for Reinstatement Electronic Filing
- If you prefer to paper file (by mail), you can find more information on the USCIS website. Be aware that the filing fee for paper filing is higher than for online filing.
- Email your receipt notice to ISS. After receiving your application, USCIS will send a receipt within 2-3 weeks. The receipt is called Form I-797 Notice of Action. You must submit a copy of the receipt to ISS.
- Wait for USCIS to adjudicate your application. USCIS will send instructions for biometrics services. While your application is pending, you cannot work or travel outside the U.S. If you receive a Request for Evidence (RFE), contact ISS immediately for guidance.
- Submit the final decision notice to ISS. After your reinstatement has been adjudicated by USCIS, they will send an I-797 approval or denial notice. You must submit a copy of the notice to ISS.
Travel and Reentry with a New Initial I-20
An alternative to reinstatement is to travel outside the U.S. and re-enter with a new initial I-20 from the University of Arizona. This process involves obtaining a new SEVIS record.
Advantages:
- This is generally faster than the reinstatement process.
- You will regain F-1 status immediately upon re-entry and are eligible for F-1 benefits, including on-campus employment.
Disadvantages:
- You may incur travel costs and experience disruptions to your studies.
- Upon re-entry, you will not be eligible for off-campus work authorization (such as CPT or OPT) for at least one academic year.
- If your visa has expired, you will need to apply for a new one.
- You must pay the $350 SEVIS I-901 fee again upon receiving your new I-20.
- You cannot reenter the U.S. more than 30 days before your I-20 start date.
How to Apply:
- Meet with an advisor. Meet with an international student advisor to complete the Out of Status Attestation and discuss options for regaining F-1 status.
- Request an I-20. Submit the Initial I-20 e-form in MyGlobal. In the e-form, you will be asked to submit proof of funding and enter your academic advisor’s information so we can confirm your expected degree completion date.
- Pay the SEVIS I-901 fee. Use your new SEVIS ID number to pay the SEVIS fee online.
- Students with a country of birth/citizenship of Cameroon, Ghana, Kenya, Nigeria, or Gambia cannot pay online and must pay by mail or Western Union Quick Pay. Mail service varies throughout the world, allow at least 2 weeks for delivery.
- (if applicable) Apply for an F-1 visa. If your previous visa is expired, renew your visa at a U.S. embassy or consulate.
- Reenter the U.S. within 30 days of your I-20 start date. You can enter the U.S. up to 30 days before your I-20 start date.
- Check-in with ISS. Complete the Check-In e-form in MyGlobal and Immigration Tutorial by your I-20 start date. You will receive access to the tutorial within 2 weeks of your start date.