How do I retain my student status again after becoming out of status?
Reinstatement may be possible, but not guaranteed in this situation. It appears you have been out of status for over 5 months. 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 to the student:
- Has 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 the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances)
- Does not have a record of repeated or willful violations of [USCIS] regulations
- Is currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20
- Has not engaged in unauthorized employment
- Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act
- Establishes 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.
- Hope you find this helpful. Contact your International Students Office to discuss reinstatement immediately.