Regaining or Changing Status

If you are currently in a visa status other than F-1, such as G-4, H-4, A-1, or L-2, you can change your visa status in one of two ways: through travel and reentry in F-1 or through an application with U.S. Citizenship and Immigration Services (USCIS), which does not require departure from the United States.

If you are a student planning to change your immigration status to F-1 in the United States without traveling, we advise you to find an immigration attorney to help you complete an I-539 form. Once you have the required documents, please contact ISSS so that we can issue your Change of Status I-20 for your application to USCIS.

If you are a student planning to change your status by traveling, you will need to complete an I-20 request. Schedule an appointment with an ISSS advisor to discuss your next steps.

If you are a prospective student and have not yet attended courses at The New School, call the ISSS office at 212.229.5592 to set up an appointment.

Violating your F-1 status will result in the termination of your SEVIS record and the loss of F-1 student status and F-1 benefits, such as off-campus work authorization through OPT and CPT. If you receive an email from ISSS regarding violation of your F-1 status and termination of your SEVIS record, follow the instructions in the email immediately and schedule an appointment with an ISSS international student advisor right away.

The most common reasons international students lose their F-1 status include:

• Failing to extend their I-20 before the end date of their program
• Failing to complete the online check-in form at the beginning of their studies at The New School
• Enrolling and attending less than full-time for their educational level
• Receiving Withdrawal (W) or Unofficial Withdrawal (Z) grades that cause them to drop below 12 credits (undergraduate) or 9 credits (graduate) without authorization
• Having more than 3 credits or one online course count toward their full-time enrollment
• Failing to register full-time (12 credits for undergraduate and 9 credits for graduate students) without receiving a Reduced Course Load authorization on their I-20
• Enrolling in more than 3 credits or one online course while living in the United States

Students can regain their F-1 status after the termination of their SEVIS record in one of two ways: through travel and reentry to the United States on a new initial attendance I-20 (a method known as a travel restart) or through application for a reinstatement. It is recommended that before selecting an option, students review the following options and speak with an ISSS advisor:

• Travel restart (traveling and reentering the United States)
• Reinstatement

See the following two sections for more information on reinstatement and travel restart.

Requesting reinstatement is akin to asking the government to forgive the violation on your current SEVIS record. Students are required to submit documents including a letter describing the situation leading up to the violation and explaining why the violation was beyond their control.

Students are eligible to apply for reinstatement under the following circumstances:

• The violation of status was beyond their control.
• They are pursuing or will pursue a full course of study.
• They have not had repeated violations of status and are not in removal proceedings.
• They have not been out of status for more than five months or can demonstrate exceptional circumstances that prevented them from filing within five months.
• They have not engaged in unauthorized employment in the United States.

It takes about 12 months for USCIS to review and make a decision on a reinstatement application. During this time, students are not allowed any benefits associated with F-1 status, such as on- or off-campus employment. Students must remain in the United States and pursue a full-time course of study while their reinstatement is pending.

If you decide to pursue this option, please book an appointment with an ISSS advisor through Starfish or by calling the office at 212.229.5592 to discuss your reinstatement process. After you meet with the advisor and submit required documents, the advisor will issue you a new reinstatement requested I-20 form and a letter of support for your application and will review your application and supporting documents. ISSS will not be able to assist you with your application; we recommend that you file the application with an experienced immigration attorney.

If the request is approved, your SEVIS record will be reinstated and changed back from terminated to active status. Your SEVIS record will remain the same. However, if your reinstatement application is denied by USCIS, you will be begin to accrue unlawful presence and must leave the United States right away.

If you are denied, submit a copy of the denial notice to ISSS and schedule a meeting with an ISSS advisor to discuss your options.

The second option for regaining F-1 status after the termination of your SEVIS record is applying for a new initial attendance I-20, traveling outside of the United States, and reentering on a new SEVIS record. When you reenter on a new SEVIS record, your F-1 status will begin again, but a record of the termination of your previous record will remain. You may be questioned at the port of entry by a Customs and Border Protection (CBP) officer about your termination, so you should be prepared to explain your violation. Entry to the United States is always at the discretion of the CBP officer.

To pursue this option for regaining F-1 status, follow these steps:

• Schedule an appointment with an ISSS advisor through Starfish.
• Request a travel restart.
• Show proof of your ability to pay for one academic year's tuition and living expenses by submitting bank documents.
• Contact the nearest U.S. embassy to inquire about a new F-1 visa if your violation occurred more than five months ago. All F-1 students must have a valid F-1 visa in their passport to re-enter the United States in F-1 status.

The earliest you may re-enter the United States in F-1 status to resume your program of study is 30 days before the semester start date. This date will be listed on your new I-20. Please be mindful of this date when arranging your return flight to the United States.

Since a new SEVIS record will be issued and you will be reentering the United States in a new F-1 status, you are not eligible for off-campus work authorization through CPT or OPT until you have completed two new academic semesters.

You may face problems at the U.S. port of entry, as your termination will still be on record. Entry to the United States is never guaranteed. If the CBP officer wishes to contact The New School, you can give him or her the ISSS emergency number.