Out of Status Options

If you fail to maintain your F-1 status and your SEVIS immigration record is terminated, this means that you would be considered as out-of-status by the Department of Homeland Security and you would no longer eligible for on-campus employment, practical training, travel signatures for re-entry to the US, or any other benefits of F-1 status. If your record is terminated, OIE will place a hold on your account to prevent registration until you take corrective action to regain your F-1 status.

In order to correct your status, you have two options: Travel and Re-entry or Reinstatement. These options should be discussed with an International Student Advisor in detail.

Options for F-1 Students to Regain Status

Option 1: Travel and Re-Entry

  1. Depart the U.S. as soon as you can after the violation of status has occurred.
  2. Work with OIE to obtain a new I-20 form with a new SEVIS ID. You will need to complete the "I-20 Request for Returning Students" e-form in iStart. (istart.gatech.edu > F Students > I-20 Request for Returning Students)
  3. Pay the SEVP I-901 fee on the new SEVIS ID. More information about the SEVP I-901 fee can be found on their website, https://www.fmjfee.com/i901fee/index.html.
  4. Check your visa. If your visa is still valid, you could utilize the valid visa and new I-20 form to enter the U.S. If your visa has expired, you will need to apply for a new visa with your new I-20 form.
  5. Re-enter the U.S. within 30 days of the program start date listed on your new I-20 form and enroll full time.

If you choose to travel, it is important you keep the following in mind:

  • If you choose to travel to regain status, there is no guarantee that you will be issued a new visa or permitted to re-enter the U.S. The U.S. Department of State will review your visa application and decide if you are eligible for a student visa.  The decision to admit you to the U.S. is made by the Customs and Border Protection officer at the port of entry. 
  • If you are admitted to the U.S. with your new documentation, you will gain F-1 status. However, you will have a new SEVIS record, which means that you must be in status for 2 semesters with the new record to be eligible to apply for OPT or CPT.

Option 2: Apply for F-1 Visa Status Reinstatement through USCIS
The F-1 visa status reinstatement process is subjective and up to the discretion of USCIS. USCIS reviews the applicant’s I-539 application and supporting paper materials and makes the decision on whether or not to approve the F-1 status reinstatement. OIE will review your case and materials to help you prepare your application to USCIS. If we believe you are not eligible for reinstatement, we may suggest that you travel and re-enter the U.S to obtain lawful status.

Applicants for F-1 visa status reinstatement will be evaluated based upon the following criteria:

  • Applicant 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 applicant filed the request for reinstatement as promptly as possible under these exceptional circumstances).
  • Applicant does not have a record of repeated or willful violations of [USCIS] regulations.
  • Applicant 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.
  • Applicant has not engaged in unauthorized employment.
  • Applicant is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act.
  • Applicant establishes to the satisfaction of the [USCIS], in detail showing, either that:
  • The violation of status resulted from circumstances beyond your 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 your part resulted in the need for reinstatement.
  • The violation relates to a reduction in your 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.  

 

Procedure to apply for F-1 Visa Status Reinstatement

  1. Meet with an International Student Advisor to assess your eligibility for F-1 visa status reinstatement. The advisor will determine if you are a viable candidate for F-1 visa status reinstatement.  If so, he/she will explain how to request the new I-20 required for the reinstatement application.
  2. Complete the Intent to Depart/End I-20 E-Form in by logging in to iStart.gatech.edu.
  3. Prepare and gather the documentation required to submit I-539 application to USCIS. You are also encourage to review USCIS's instructions on how to file your I-539 form.
    1. USCIS form I-539, available on the USCIS web site: https://www.uscis.gov/forms/all-forms. If you have questions about how to prepare the I-539, we encourage you to consult with an immigration attorney regarding your case and applicaiton. ​​​​​​OIE is unable to provide any guidance or advise students how to complete the I-539 form.
    2. I-539 Application Fee (https://www.uscis.gov/forms/all-forms), payable to the US Department of Homeland Security.
    3. A cover letter from you requesting reinstatement to F-1 status and explaining your circumstances. You should explain that the violation of F-1 status resulted from circumstances beyond your control and/or that the failure to be reinstated would result in extreme hardship. Attach any additional supporting documents.
    4. A new SEVIS I-20 issued by Georgia Tech for purposes of reinstatement (signed by you and an ISSS advisor).
    5. A photocopy of your previous I-20 form(s).
    6. Financial support documents to show evidence of continued funding—documents should be recent (no more than 6 months old).  The financial documents should meet the requirements listed on OIE's financial documentation website.
    7. A photocopy of your passport photo page—include any other pages that contain the expiration date, extensions, or any biographical information. Your passport should be valid for at least 6 months into the future.
    8. A photocopy of your most recent visa (stamp), used to enter the US.
    9. Your original I-94 card (if issued paper I-94) or CBP entry/admission stamp (if issued electronic I-94). (Be sure to copy front and back of paper I-94 clearly showing the USCIS stamp.  Keep this copy for your records.)
    10. A photocopy of your transcript and course registration from OSCAR​.
  4. The final step after preparing your materials is to mail your application to USCIS following USCIS filing instructions.

If you choose to file for reinstatement with USCIS, it is important you keep the following in mind:

  • A decision to reinstate you to F-1 student status is at the discretion of the USCIS.
  • Processing times at USCIS vary greatly.  Please review USCIS's processing times to see when you can expect a decision from USCIS on your reinstatement application.
  • While the application is pending, you are NOT eligible for any F-1 student benefits, such as practical training employment authorization or on-campus employment.  If you are reinstated into F-1 status, you must obtain proper authorization before working. 
  • Travel outside the U.S. while a reinstatement application is pending may be considered an abandonment of the application. If you need to leave the U.S. while your application is pending, you must meet with an ISSS advisor prior to travel.
  • If the application is approved, USCIS will endorse the new I-20 form and return it to the mailing address listed on the I-539 form. ISSS will contact you if we receive any updates on your behalf.  Please also contact ISSS when you receive information from USCIS.  
  • If you have dependents in F-2 status, their status is automatically reinstated with your reinstatement.
  • If your application is denied, you have the option to file an appeal with the USCIS, but we will strongly encourage you to hire a competent immigration attorney.

Option 3: Remaining Out of Status

Choosing to remain in the U.S. out of status is a high-risk decision that the OIE does not recommend. If you remain in the U.S. after your I-20 has been terminated or you have violated your status, you are not eligible to receive any benefits of your previous status, such as work authorization (on-campus work, CPT, or OPT).

Remaining in the U.S. after you have SEVIS record is terminated is a very serious offense of immigration regulations and may prevent you from returning to the U.S. in the future. If you are certain you would like to remain out of status for the course of your degree, to understand the full consequences, we encourage you to consult with a qualified immigration attorney. Please review our resource on how to seek consultation in the U.S., /sites/default/files/legal_consultation-updated_02.28.2020.pdf