F-1 Reinstatement

If you have failed to maintain F-1 student status and wish to continue studying at (or transfer to) Penn, you must regain valid status.

There are two ways that you can be reinstated:

  • Option 1: Apply to US Citizenship and Immigration Services (USCIS) for reinstatement.  
  • Option 2: Leave the US and reenter using a new I-20 with a new SEVIS number. 

Discuss with ISSS: Either option should be discussed with an advisor at ISSS in detail.

Transferring to Another Institution: Those planning to transfer to another institution must apply for reinstatement through the new school using the I-20 from that school.  

Reasons why a student may fall out of F-1 student status:

  • Failure to Extend I-20: Failure to extend I-20 before the expiration deadline
  • Failure to Complete F-1 Transfer: Failure to complete the F-1 transfer procedure in a timely manner 
  • Failure to Maintain Full-Time Enrollment: Failure to maintain full time enrollment without prior written authorization from ISSS for an excusable academic or medical reason under F-1 regulations 
  • Working Without Authorization: A student who has worked without authorization is also out of status, but is not eligible for reinstatement.  

If you think you may be out of status, please visit ISSS immediately. 

Consequences of Delay: The longer you wait to address the problem, the more difficult it can become to fix. Furthermore, only students in valid F-1 status are eligible for F-1 benefits (e.g. on-campus employment or OPT authorization).

Eligibility

Under federal USCIS regulation 8 CFR 214.2(f)(16), an F-1 student is only eligible for reinstatement if all of the following conditions apply: 

  • Condition 1: You have not been out of status for more than 5 months at the time of filing the request for reinstatement 
    • OR the failure to file within the 5 month period was result of exceptional circumstances and that you filed the request for reinstatement as promptly as possible under these exceptional circumstances 
  • Condition 2: You do not have a record of repeated or willful violations of USCIS regulations 
  • Condition 3: You are currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20 
  • Condition 4: You have not engaged in unauthorized employment 
  • Condition 5: You are not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act 
  • Condition 6: You establish, to the satisfaction of the USCIS, in detail showing, either that: 
    • The violation of status resulted from circumstances beyond the student’s control. 
      • Such circumstances might include: serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, 
      • But do not include instances where a pattern of violations or where a willful failure on the part of the student resulted in the need for reinstatement 
    • OR The violation relates to a reduction in the student’s course load that would have been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student 

Assistance from ISSS:: ISSS will assist you with a reinstatement petition only if all of the conditions above apply.

Consult an Immigration Attorney: If you do not meet the above eligibility requirements you will need to consult a US immigration attorney. 

How to Apply for Reinstatement

Step 1

Meet with an ISSS Advisor to assess your eligibility for reinstatement.

Step 2

Prepare the following documents:

  • USCIS form I-539, available on the USCIS website. 
    • In Part 2, question 1, check “C”.  
    • In Part 3, question 1, write “D/S” 
    • In part 4, question 3e, check “yes”. 
  • I-539 Application Fee, payable to the US Department of Homeland Security 
  • A cover letter from you requesting reinstatement to F-1 status and explaining your circumstances. You should explain that the violation of F-1 status resulted from circumstances beyond your control and/or that the failure to be reinstated would result in extreme hardship. Attach any additional supporting documents. 
  • A new SEVIS I-20 issued by Penn for purposes of reinstatement (signed by you and an ISSS advisor)
  • A photocopy of your previous I-20 form(s)  
  • A photocopy of your financial support documents to show evidence of continued funding—documents should be recent (no more than 12 months old) 
  • A photocopy of your passport photo page—include any other pages that contain the expiration date, extensions, or any biographical information. Your passport should be valid for at least 6 months into the future. 
  • A photocopy of your most recent US Entry Visa 
  • A photocopy of your most recent electronic I-94
  • A photocopy of your transcript and course registration from Path@Penn

Mailing Your Application

Final Considerations

  • Discretion of USCIS: A decision to reinstate an individual to F-1 student status is at the discretion of the USCIS. 
  • Processing times at USCIS vary greatly. Expect to wait 5-9 months before receiving a response.
  • You are NOT eligible for any F-1 student benefits, such as OPT authorization or working on campus, unless the USCIS reinstates you to F-1 student status.
  • You should not travel outside the US while a reinstatement application is pending. It may be considered an abandonment of the application. If you need to leave the US meet with an ISSS advisor prior to travel.
  • Approval Process: If approved, USCIS will endorse your new I-20 form and return it to the mailing address listed on the I-539. ISSS will contact you if we receive any updates on your behalf.  Please also contact ISSS when you receive information from USCIS.  (F-2 dependent status is automatically reinstated with the reinstatement of the F-1 student.)
  • Denial Consequences: If denied, you will begin to accrue days of unlawful presence in the US (accrual of more than 180 days of unlawful presence could subject a person to a 3-year or 10-year bar from reentering the US.). Students who are denied reinstatement have the option to file and appeal with the USCIS, but we strongly encourage these students to hire a competent immigration attorney.