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Regain F-1 Status

We advise that you consult with an immigration attorney regarding your SEVIS record termination. Go to Immigration attorneys for a list of attorneys. National Immigration Legal Services Directory for free or low-cost immigration legal services. Please note, these attorneys are not endorsed or guaranteed by OISS or the University.


Students with terminated SEVIS records may regain their status one of two ways. OISS strongly recommends students consult with an immigration attorney before proceeding with regaining their F-1 status.

Option 1 – Reentry

You may travel out of the U.S. and reenter with an "initial attendance" I-20. If you choose this option, you are "starting over" with your F-1 status. If your current visa is valid, you may not have to apply for a new visa. The penalty for this type of status correction is that you will not be eligible for any kind of off-campus work until after you have returned and maintained your F-1 status for another academic year.

To pursue this option, submit the Student I-20/DS-2019 Request Form. Select “Returning Student” as the reason. An I-20 with a new SEVIS ID will be issued after you submit all the required documents. Include the following in your request:
  • Proof of financial support. Refer to https://www.unr.edu/oiss/admitted-students/visa/forms for the minimum amount needed.
    • If you have dependents - an additional amount is needed for your spouse and each child.
    • If the funding is not from you, your sponsor must submit a Financial Data Form.
    • The funding may be from more than one source but you will need a Financial Data Form for each source other than yourself.
After you get a new I-20:
  • Pay the SEVIS I-901 fee.
  • Travel out of the U.S. and reenter with the new I-20.
    • You must have a valid passport and visa to return.
    • We suggest taking your proof of funding and unofficial transcript with you.
    • You may not enter the U.S. more than 30 days before the program start date on your I-20.
  • After you return to the U.S., submit the Office of International Students and Scholars Check-In Form within five days of your return so we can register your SEVIS record.
    • SEVIS record registration must be completed within 30 days of the start of classes date on your I-20 otherwise your SEVIS record will be terminated again.

Option 2 - Reinstatement
A student whose SEVIS record has been terminated because they failed to maintain status may apply to USCIS to be reinstated to lawful F-1 status. Reinstatement is only granted under the limited conditions specified in DHS regulations, and in the discretion of USCIS. 8 CFR 214.2(f)(16).

Please remember that it is best to make sure the reinstatement application is received by USCIS within 5 months of the end of your status. If your application is received more than 5 months after the end of your F-1 status, you will also have to pay a new SEVIS I-901 fee and include proof of payment with your reinstatement application.

Transfer-in students: contact OISS to schedule an appointment with an advisor to determine if we can assist with your reinstatement.

When requesting reinstatement, you must establish to the satisfaction of United States Citizenship and Immigration Services (USCIS) that you:
  • Have not been out of status more than 5 months at the time of filing the request for reinstatement (or demonstrate that the failure to file within the 5-month period was the result of exceptional circumstances and that you filed for reinstatement as soon as possible under these circumstances).
  • Do not have a record of repeated or willful violations of immigration regulations.
  • 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.
  • Have not engaged in unauthorized employment.
  • Are not deportable on any ground other than overstaying or failing to maintain status.

You must also establish that:
  • The violation of status resulted from circumstances beyond your control.
    • Such circumstances might include serious injury or illness, a natural disaster, or inadvertence, oversight, or neglect on the part of your OISS advisor, but do not include instances where a pattern of repeated violations or a willful failure on your part resulted in the need for reinstatement, or
  • The violation relates to a reduction in your course load that would have been within the OISS advisor’s authority to authorize, and that failure to approve reinstatement would result in extreme hardship to you.

If USCIS approves the reinstatement request, the adjudicating officer will update your SEVIS record to indicate that you have been reinstated. If USCIS does not approve the reinstatement request, you may not appeal the decision and need to leave the U.S. immediately. Reinstatement request USCIS processing time may be 6 months or more.

These are the steps to file for reinstatement:
  • Secure original proof of financial support. Refer to https://www.unr.edu/oiss/admitted-students/visa/forms for the minimum amount needed.
    • If you have dependents - an additional amount is needed for your spouse and each child.
    • If the funding is not from you, your sponsor must submit a Financial Data Form.
    • The funding may be from more than one source but you will need a Financial Data Form for each source other than yourself.
    • You should send at least three months of original proof of financial support to USCIS.
  • Write a letter of explanation addressed to USCIS, stating the following:
    • specify the violation that led to you being out of status and the reason for the violation;
    • the effect on you if you do not receive reinstatement;
    • a statement that you are currently pursuing or are intending to pursue a full course of study;
    • ties to your home country; and
    • specifically request that USCIS reinstate you to F-1 student status.
    • You may also include a list of included documents.
  • Login to submit the Reinstatement request.
  • Contact OISS to schedule an appointment with an advisor to review your request.
    • If approved, a reinstatement I-20 will be issued for you.
  • Complete and submit Form I-539 either online or by mail (use one option only). OISS DOES NOT advise on I-539 filing.
    • If filing by mail, the word "REINSTATEMENT" should be written at the top of the 1st page of the form to further distinguish it from other uses of Form I-539.
    • Include the proper I-539 filing fee.
    • Documents you may need to include in your I-539:
      • Copy of the 1st and 2nd pages of the new reinstatement I-20
      • Your original support letter requesting reinstatement
      • Any other supporting documents
      • 3 months of original financial documents
      • Original I-94 (front and back if you have a paper version in your passport) and copies of your visa and the bio page of your current passport
      • Copy of your admission letter
      • Copy of your unofficial transcript
      • Proof of payment of the SEVIS I-901 fee if you have been out of status for more than 5 months by the time USCIS will receive your application
      • Proof of ties to your home country such as current telephone bills, current utility bills, current mortgage statements, current rental agreements, or current rental receipts for your foreign residence.
If OISS does not recommend reinstatement, you will have to leave the country immediately.

After Filing
  • In 2 to 4 weeks USCIS will mail your Form I-797C, Notice of Action (Receipt Notice) with a Receipt Number and Received Date confirming that USCIS has received your application. This does not indicate reinstatement approval.
    • If you included Form G-1145 with your application packet, you will get an email and/or text message notification with your receipt number within 24 hours of USCIS accepting your application – you will still get a receipt notice in the mail.
    • If you filed online, you will get the Receipt Number and Received Date after submitting your application.
  • Go to Check Case Status on the USCIS website to check the status of your application.
    • You may sign up for an account to receive email updates on your case.
    • After your Receipt Notice is mailed, the status message will remain the same unless USCIS requests more evidence/information or makes a decision on your application.
      • IF YOU RECEIVE A REQUEST FOR EVIDENCE (RFE) OR REQUEST FOR INFORMATION (RFI) FROM USCIS, IMMEDIATELY CONTACT AN OISS ADVISOR BEFORE RESPONDING.
  • If your reinstatement application is approved, you will get the Form I-797A, Approval Notice (there will be an I-94 at the bottom of the notice) in the mail.
    • If your application is denied, schedule an appointment with an OISS advisor to discuss your options.
It is your responsibility to keep track of the reinstatement application and to keep OISS updated of any changes. If the reinstatement application has not been approved by the add/drop date of the semester the program starts, contact an OISS advisor to determine if the program start date should be deferred.