Options for F-1 Students Who Have Fallen Out of Status
F-1 nonimmigrant visas are used by many to enter and study in the United States. However, traversing immigration law and the school’s admission system isn’t always easy and sometimes results in the student falling out of status. However, if this happens, USCIS makes it possible for the student get back into proper F-1 status. There are prerequisites to succeeding, such as not being out of status for more than five months and having fallen out of status due to no fault of the student – such as falling seriously ill or receiving bad advice from the school. It is also not possible to do if you have violated your immigration status in some other way, such as working without authorization or being arrested or convicted of a crime.
Even if reinstatement is not possible, there are other options to remaining in the U.S. A change of status or adjustment of status can be possible if the student acts quickly. In addition, since falling out of F1 status does not automatically result in the student accruing unlawful presence, the student is not prohibited from travelling abroad and attempting to reenter or reapply with a new I-20 or F1 visa.
If you have fallen out of your F1 status and you are looking to be reinstated or to enter into another immigration status, contact our office to discuss your situation.