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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Maintaining F-1 student status involves more than attending school. International students must comply with rules governing enrollment, employment, program changes, reporting requirements, and other aspects of their stay in the United States.

When something goes wrong, the next question can be difficult: Should the student apply for reinstatement while remaining in the United States, or leave the country, obtain a new Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status), and seek admission again?

The two options are not interchangeable. For F-1 students in Chicago and throughout Illinois, understanding the consequences of each approach is important before choosing a path.

How Can an F-1 Student Fall Out of Status?

A status problem can arise in different ways. A student might drop below a full course of study without proper authorization, work without required authorization, fail to complete a required immigration step, or encounter a problem involving the Student and Exchange Visitor Information System (SEVIS) record.

The reason for the violation matters. So do its timing, the student’s immigration history, and what happened after the problem was discovered.

That is why a student should not assume that a solution that worked for a classmate will work in their case.

Immigration Counsel

What Does F-1 Reinstatement Involve?

Reinstatement allows an eligible student who has violated F-1 status to ask U.S. Citizenship and Immigration Services (USCIS) to restore that status without leaving the United States.

Reinstatement is not automatic. USCIS considers specific regulatory requirements, including the circumstances surrounding the status violation.

Timing also matters. A student who has been out of status for more than five months generally must demonstrate that exceptional circumstances prevented filing within the five months.

The designated school official (DSO) has an important role in the process, including issuing the Form I-20 recommending reinstatement. USCIS, however, decides whether to approve the application.

What About Leaving With a New Form I-20?

Another potential route is to obtain a new initial Form I-20 with a new SEVIS identification number, leave the United States, and seek admission again in F-1 status.

This route can have consequences that are easy to overlook.

The Student and Exchange Visitor Program (SEVP) explains that a student returning with a new initial Form I-20 is treated as an initial student for SEVIS purposes. The student must pay the I-901 SEVIS fee again and loses time previously accrued toward eligibility for training or employment.

Leaving also introduces another decision-maker. U.S. Customs and Border Protection (CBP) determines whether the student will be admitted at the port of entry. A new Form I-20 does not guarantee admission.

The Right Choice Depends on the Student

No universal answer exists on whether reinstatement or departure and reentry is better.

A student’s violation, SEVIS history, visa validity, academic circumstances, employment history, future practical-training plans, and ability to satisfy reinstatement requirements can all affect the analysis.

This is where experience with student immigration matters most. Shobhana Kasturi can evaluate the violation and help a student understand what each available route could mean before a decision creates additional immigration consequences.

F-1 students in Naperville, Schaumburg, Chicago, and surrounding Illinois communities can meet with Shobhana Kasturi in person, speak with her by phone, or schedule a Zoom consultation.

Kasturi Law LLC offers 30-minute or 60-minute consultations for students who need individualized guidance on restoring F-1 status and protecting their academic plans.

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