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What happens if F-1 status is not maintained

If you have fallen “out of status,” you must apply to the USCIS for reinstatement. The IPS Immigration Counselor will assist you in this process if it is your first time out of status. The fee for this is $200.00 (subject to change), and the forms can be obtained at IPS. Students who have previously been reinstated and are out of status again will have a difficult time winning reinstatement. IPS can provide an attorney referral list for these students.

You may also be reinstated, if this is your first time out of status, by leaving the U.S. and returning on a new I-20, prepared by IPS. However, you should discuss your options with the IPS Immigration Counselor because leaving the U.S. for reinstatement may jeopardize your eligibility for any practical training.

USCIS will consider reinstating a student to F-1 status if:

• The student has not been out of status for more than 5 months;
• The student establishes, to the satisfaction of the USCIS, in a detailed letter that:
1. The violation of status resulted from circumstances beyond the student’s control.
2. Circumstances might include serious injury or illness, closure of the institution, or a natural disaster;excuses of inadvertence, oversight, neglect, or willful failure on the part of the student are not accepted.
3. The violation relates to a reduction in course load that would have been within an IPS counselor’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.
• The student is pursuing or intending to pursue a full course of study in the immediate future at the school which issued the I-20; and
• The student has not engaged in unauthorized employment.

A decision to reinstate an individual to F-1 student status is completely at the discretion of the USCIS.

Cal State L.A. and IPS have no control over this matter whatsoever. If you are denied reinstatement, you must stop attending classes and depart the U.S. within 30 days.

If you think you may be out of status, please consult with IPS as soon as possible!