1 Research Ct., Ste 450, Rockville, MD 20850, USA
F-1 Student Reinstatement
This page is for International Students, Designated School Officials (DSOs), and parents seeking a precise, evidence-driven plan to cure a F-1 status violation.
UPDATE: PROPOSED RULE TO Replace Duration of Status
DHS published a Notice of Proposed Rulemaking (NPRM) on Aug. 28 that would change the “duration of status” admission policy for F (academic student), J (exchange visitor) and most I (foreign information media representatives) nonimmigrant visa holders to a fixed time period. DHS said the agency “anticipates that many F, J and I nonimmigrants would be able to complete their activities within their period of admission. However, those who could not, generally would be able to request an extension to their period of admission from an immigration officer.”
KEEP YOUR STUDIES ON TRACK
Why Student Reinstatement Matters
Why Student Reinstatement Matters
Why Student Reinstatement Matters
If your F-1 status has lapsed (for example, due to falling below a full course load without authorization, not maintaining a valid I-20, or failing to timely file a transfer), you may be eligible to apply for reinstatement with USCIS and return to lawful F-1 status. A well-prepared packet can make the difference between denial and getting back on your academic path.
COMMON SCENARIOS WE HANDLE
Why Student Reinstatement Matters
Why Student Reinstatement Matters
- Missed full-time enrollment due to illness or family crisis
- Missed full-time enrollment due to an unsatisfactory grade or academic probation (e.g., withdrew or fell below 12 credits after failing a prerequisite; reinstatement request explains the circumstances and shows a concrete academic recovery plan)
- Administrative/DSO errors with SEVIS or I-20 issuance
- Late transfer or missed program end date
- Financial hardship causing a temporary lapse
- Unaware of rule change or miscommunication during leave of absence
Am I Eligible for Reinstatement?
Why Student Reinstatement Matters
Reinstatement After an Unsatisfactory Grade
You may qualify if you can show that:
- Your violation resulted from circumstances beyond your control (e.g., medical issues, DSO error, unforeseen events), or the violation relates to a reduction in your course load that would have been authorized if requested in time;
- You have not engaged in unauthorized employment;
- You are currently pursuing, or intend to pursue, a full course of study at the school issuing your new I-20;
- You have not been out of status for more than five months, or you can show exceptional circumstances explaining the delay;
- Reinstatement would promote the intent of the F-1 program (i.e., you are a bona fide student making progress toward your degree).
(We will assess your facts against current USCIS policy and your DSO’s guidance.)
Reinstatement After an Unsatisfactory Grade
Reinstatement After an Unsatisfactory Grade
Reinstatement After an Unsatisfactory Grade
If a failing or unsatisfactory grade caused you to drop below a full course load, USCIS will look for: (1) why it happened, (2) why it won’t happen again, and (3) proof you’re a bona fide student. We prepare a detailed statement and evidence package showing the specific cause (e.g., health, family, language barrier, tutoring gap), corrective steps, and a term-by-term plan to regain normal progress.
Helpful evidence includes:
- Academic advisor letter outlining what went wrong and the recovery plan
- DSO support letter and new I-20 for reinstatement
- Transcript showing prior progress and current re-enrollment
- Proof of corrective actions (tutoring enrollment, counseling, study plan, time-management course)
- If relevant, medical documentation or disability accommodations letter
Timing is Critical
Reinstatement After an Unsatisfactory Grade
F-1 Student Reinstatement Filing Clock
- Day 1–150 (0–5 months) = normal eligibility
- Day 151+ = exceptional circumstances required
Under federal regulations, USCIS may approve reinstatement if you file within 5 months of falling out of F-1 status, or later if you can prove exceptional circumstances and that you acted quickly once those circumstances resolved.
HOWEVER, in practice, most schools require you to file within 90 days. Many Designated School Officials (DSOs) will not issue a reinstatement I-20 after 90 days out of status because:
- SEVIS may flag older cases for additional review, and
- The longer you wait, the higher the denial risk.
Our advice:
- Treat 90 days as your real deadline to start the process.
- If you are over 90 days but under 5 months, contact us immediately — a strong “exceptional circumstances” argument may still be possible, but time is critical.
F-1 Student Reinstatement Filing Clock
Reinstatement After an Unsatisfactory Grade
F-1 Student Reinstatement Filing Clock
🟢 Green Zone — 0 to 90 Days Out of Status
- Safest window for filing.
- Most DSOs will issue a reinstatement I-20.
- Strongest chance of approval with clean facts.
- Start gathering documents immediately.
🟡 Yellow Zone — 91 to 150 Days (Under 5 Months)
- Still within USCIS eligibility window.
- Many DSOs refuse to issue reinstatement I-20 after 90 days.
- Requires careful DSO cooperation and stronger explanation.
- Higher scrutiny from USCIS; act urgently.
🔴 Red Zone — Over 150 Days (5 Months+)
- Must prove exceptional circumstances and prompt action after resolution.
- Most cases require travel/reentry instead of reinstatement.
- Very high denial risk.
Our Process Filing Clock
What We Include in Your Packet
What We Include in Your Packet
- Strategy Consultation (45–60 min)
We review your academic record, SEVIS history, prior I-20s, and timeline to determine the best path (reinstatement vs. travel/reentry). - Evidence Plan + DSO Coordination
We draft your reinstatement statement and coordinate with your DSO for a new Initial I-20 for Reinstatement and supporting DSO letter. - Packet Preparation & Filing (Form I-539)
We assemble a comprehensive packet (I-539, fee payment, statements, exhibits) and advise on maintaining status while pending. - After Filing
We monitor your case, prepare you for biometrics (if required), RFE responses, and next-term enrollment requirements.
What We Include in Your Packet
What We Include in Your Packet
What We Include in Your Packet
- Form I-539 (Application to Extend/Change Nonimmigrant Status)
- Personal Statement explaining the violation, timeline, and corrective actions
- DSO Support Letter confirming eligibility, academic plan, term start date
- New I-20 for Reinstatement (signed by you and your DSO)
- Transcript & Enrollment Evidence (prior and upcoming)
- Proof of Financial Support (tuition + living expenses)
- Medical Documentation (if applicable)
- SEVIS Fee Proof (if needed), I-94, passport, F-1 visa copies
- Any corroborating evidence (emails with DSO, leave approvals, etc.)
Timeline & What to Expect
What We Include in Your Packet
Reinstatement vs. Travel/Reentry
- Preparation: 1–3 weeks (depends on document readiness & DSO coordination)
- USCIS Processing: Varies by service center; plan for several months. Premium processing is not generally available for I-539 reinstatement.
- During pendency, do not work (no on-campus/off-campus employment) unless specifically authorized after reinstatement approval.
Reinstatement vs. Travel/Reentry
Reinstatement vs. Travel/Reentry
Reinstatement vs. Travel/Reentry
Sometimes it’s faster to depart the U.S., obtain a new Initial I-20, and reenter in F-1 status. We compare both options based on your travel risks, visa appointment availability, prior status history, and timing needs (CPT/OPT implications, graduation date).
Risks & How We Mitigate Them
Reinstatement vs. Travel/Reentry
Risks & How We Mitigate Them
- Denial Risk: We front-load your packet with detailed, consistent documentation and a clear legal theory for eligibility.
- Unauthorized Employment: If present, we assess whether reinstatement remains viable or whether reentry is safer.
- Five-Month Rule: If >5 months out of status, we craft an exceptional circumstances argument and continuity plan.
Fees & What’s Included
Reinstatement vs. Travel/Reentry
Risks & How We Mitigate Them
Transparent flat fees tailored to case complexity. All packages include: strategy session, DSO coordination, statement drafting, packet assembly, and RFE response planning.
Court or appeal work is separate if ever needed.
Frequently Asked Questions
Please reach us at TK@KennedyVisas.com if you cannot find an answer to your question.
It’s still possible, but you must show exceptional circumstances or consider travel/reentry. We’ll evaluate both paths.
Generally, no. Employment (even on-campus) typically resumes after approval unless your DSO advises otherwise.
A successful reinstatement can preserve eligibility if you meet enrollment rules. Gaps can impact OPT—plan early.
You’re not required to hire counsel, but attorney involvement can significantly improve packet quality, issue spotting, and RFE readiness.
READY TO GET BACK IN STATUS? BOOK A STRATEGIC CONSULTATION
($100 Fee Applied to Case)
What CLIENTS Say
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DISCLAIMER: This website provides general information about immigration rules and eligibility. It is not legal advice, tax advice, or a substitute for individualized consultation. Immigration outcomes depend on your specific circumstances. For advice tailored to your case, schedule a consultation with Kennedy Law.
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