Q&A

What happens if a student is denied F1 status?

What happens if a student is denied F1 status?

If a student is granted reinstatement of status, he or she will be able to have the time spent in status before the violation of F1 status and after reinstatement counted toward curricular practical training or OPT. However, if reinstatement is denied, the student will be required to depart the United States immediately.

What happens if USCIS reinstates my F1 visa?

If USCIS decides to grant reinstatement of F1 status, it will endorse the student’s copy of the Form I-20 to indicate that the student has been reinstated to F1 status, and forward this information to the student’s school. The student’s F1 visa will remain valid so long as it has not expired.

What happens if you lose your F1 status?

If reinstatement is denied, the student is considered to have lost F1 status, and his or her visa will be invalidated in accordance with section 222 (g) of the Immigration and Nationality Act (INA). Accordingly, the student is required to immediately depart the United States.

Can a F1 student transfer to another school?

While reinstatement is pending, the student must continue to study. 1 However, the F1 student will not be eligible for on-campus employment or any other benefits of F1 status until reinstatement is granted. Under 8 C.F.R. 214.2 (f) (8), a student may not transfer schools while reinstatement is pending.

If a student is granted reinstatement of status, he or she will be able to have the time spent in status before the violation of F1 status and after reinstatement counted toward curricular practical training or OPT. However, if reinstatement is denied, the student will be required to depart the United States immediately.

If USCIS decides to grant reinstatement of F1 status, it will endorse the student’s copy of the Form I-20 to indicate that the student has been reinstated to F1 status, and forward this information to the student’s school. The student’s F1 visa will remain valid so long as it has not expired.

How to apply for reinstatement to F-1 status?

The violation related 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. You will need to submit the following documents to apply for reinstatement to F-1 status:

Is it possible to get your F1 status back?

The regulation makes it clear that reinstatement of F1 student status is not a catch-all remedy for any violation of F1 status.

The regulation makes it clear that reinstatement of F1 student status is not a catch-all remedy for any violation of F1 status.

When does USCIS consider reinstatement of F1 status?

The regulation states that United States Citizenship and Immigration Services (USCIS) may consider granting the request for reinstatement if the student:

What are the rules for being an F1 student?

In order to maintain F1 student status, an F1 student must follow all of the rules and regulations associated with F1 status. An F1 student who violates the rules of his or her status will be considered to be out of status.

How to request a change of status to F-2?

A cover letter (one page) requesting the change of status from your current status to F-2. This letter should include a brief explanation as why you wish to change to F-2 status. You should also provide a checklist of the documentation you are including in your application.

Who is eligible for F-2 dependent status?

To qualify for F-2 status, you must be a spouse or an unmarried child under age 21 of an F-1 student. To apply for F-2 status, the F-1 needs to request an F-2 I-20 . Please see Request to Add F-2 Dependent (s) Form.

Can you re-enter the US with a F-2 visa?

If the F-2 visa application is approved and the F-2 visa is issued, then you can re-enter the U.S. using your F-2 I-20 form and F-2 visa. At the Port of Entry, your electronic I-94 will be updated to show your status as F-2 and the Admit Until Date as D/S, which confirms F-2 status.

What happens when DSOs add a dependent to their record?

When DSOs add dependents, SEVIS assigns a unique SEVIS ID to each dependent record, and creates a separate Form I-20 for each dependent. This form serves as the dependent’s eligibility document for: One spouse is permitted to enter with the student.