Many students come to the United States to pursue a course of studies, usually at a college or university. However, under the terms of the F-1 student visa, a student who fails to comply with the visa terms is no longer in valid status, and can be removed from the United States.
Common ways that students violate the terms of the F-1 visa include failing to pursue a full course of studies, forgetting to renew your passport and keep it with you, or failing to notify the appropriate school official of your arrival and any changes of address.
If you have fallen out of F-1 status, but wish to return to your studies, you’ll need to apply first for what’s called reinstatement. Don’t wait, there’s a deadline on this of five months after you fell out of status (unless exceptional circumstances stopped you from filing for reinstatement sooner).
The exception is working without authorization. If you lose F-1 status on this basis, you cannot apply for reinstatement.
If you're out of status, but wish to stay permanently, you may have some other options.
Your chances of being reinstated as an F-1 student are highest if you do not have a history of repeatedly or willfully violating USCIS rules. You must be pursuing, or plan to pursue, a full course of study at your school. You also must not have been engaged in unauthorized work or become deportable under the U.S immigration laws.
Most importantly, you will need to establish that this violation was either:
As discussed below, you’ll be expected to prove the grounds upon which are asking for reinstatement, such as with letters from doctors or school officials.
Assess your eligibility for reinstatement with the help of your school’s international student adviser. If the adviser feels that you have a valid case, then the following need to be provided to USCIS:
After making a complete photocopy for your records, mail the entire application to USCIS, at the address stated on the I-539 page of its website.
The waiting period for USCIS action on a reinstatement request varies. Waits of between two and four months are typical. You can check the USCIS website for the status of your application, using your receipt number.
While you wait, you cannot work on campus. You also cannot leave the United States without prior approval.
If the application is approved, your new I-20 will be mailed to your address. If your application is denied, you will be expected to leave the U.S., and might be barred from reentering for three or ten years (depending on whether your overstay was more than six months but less than a year or more than a year).
If you leave the U.S., your reinstatement alone may not be enough to let you back in. Particularly if you overstayed your permitted time under your visa, you may need to visit a U.S. consulate for a new visa. Talk to your ISO before departing.