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Reinstatement or Reentry to Regain F-1 Status

Please be aware that a violation of your F-1 immigration status and termination of your SEVIS I-20 does not have any impact on your academic status or standing at UNC.  In fact, correcting your status does require that you are a continuing student.

Students who violate their F-1 status are at risk of arrest, detention, and even deportation as long as they remain in the United States without taking action to correct the situation.  Reinstatement to F-1 status or departure and re-entry in a new F-1 status are the two options open to students who are academically eligible to continue their studies.  Whether reinstatement or reentry is right for you (and any dependents) depends on many factors.  You should meet with your immigration advisor as early as possible to discuss your options, but these are some of the issues you will need to think about.

Reinstatement to Status

  • Do you qualify?

    Reinstatement requires that the violation of status was beyond your control

    You should not have previous violations of status on your record (although you may still consider applying for reinstatement if you have a previous violation, you should be aware that the bar is much higher for subsequent applications)

    You must be enrolled full time in a valid program of studies

    It should be less than 5 months since your violation of status

    You have not engaged in unauthorized employment

    You are not deportable on any other grounds

  • Associated Costs

    USCIS' I-539 application fee is currently $470 (fees may be increased at any time),

    Students applying for reinstatement or requesting an I-20 for reentry do have to document the availablility of funding for at least one full academic year or the remainder of their program, whichever is shorter

  • Timeframe

    Adjudication on reinstatement can take 6 months to a year after you submit your application to USCIS.  Sometimes longer.

  • Risks and Concerns

    Reinstatement is ultimately decided by U.S. Citizenship and Immigration Services personnel.  If your application for reinstatement is denied:

    • Your current visa will be automatically canceled
    • You will be permanently limited to applying for future US visas in your home country (e.g. you cannot apply for a US visa in Mexico if you are from Korea)
    • Days of “unlawful presence” begin to accrue,
    • An official record of violation will be recorded with DHS.

    Travel outside the US while your application is pending will result in a denial of your application

  • Other Considerations

    If your application is successful, your previous time in status and during your waiting period is counted towards eligibility for benefits like practical training.

Re-Entry to United States

  • Do you qualify?

    Continuing status as a UNC student or IEP student

    Are you currently enrolled full time and/or will you be enrolled full time in the next available term

  • Associated Costs

    Flight or other transportation to home or third country and return to the United States for yourself and any F-2 dependents

    New SEVIS I-901 fee payment of $350 (subject to change)

    Visa application fees (if necessary) for yourself and any F-2 dependents

    Students applying for reinstatement or requesting an I-20 for reentry do have to document the availablility of funding for at least one full academic year or the remainder of their program, whichever is shorter

  • Timeframe

    When it works, Re-entry is much faster than reinstatement. How long it takes just depends on how long it takes to travel and obtain a new visa, if necessary, and return to the U.S. You may not return more than 30 days before the start of the term you are going to be enrolled in.

  • Risks and Concerns

    CBP officers at your Port of Entry (at Customs) can deny entry even with the new I-20.  They may also ask questions about why you fell out of status.  This sometimes involves several hours in “secondary inspection” with Customs and Border Protection.   If you are denied entry, you will have to pay for your transportation home, and it is possible for your visa to be canceled.

    Any time that you accrued for practical training (CPT or OPT) or any other benefit requiring a specific amount of time in status will be lost – you must be a student for one year again before you can apply for these benefits.

  •  Other Considerations
    You must provide proof of your departure and subsequent  re-entry (I-94) for ISSS staff immediately on your return to the United States.  We cannot register your new SEVIS record  if  we cannot document your actual departure and return.  Failure to have your SEVIS record registered will result in another violation of status.

Choosing between an application for reinstatement and getting a new I-20 for travel and reentry is a big decision.  It is important that you work closely with your immigration advisor, both in the decision process and during your application or reentry period.  We also encourage you to consult a qualified immigration attorney, as the impacts of immigration violations can be life-long.