Status Violations

While you are an F-1 or J-1 student studying in the United States, you must follow specific rules in order to maintain valid nonimmigrant status. Some examples of the requirements you must follow include:

• Pursuing a full course of study each term
• Not engaging in employment without authorization to do so
• Maintaining a record of your U.S. residential address, and updating that record within 10 calendar days when moving
• Extending your I-20 or DS-2019 before it expires if you will need additional time to complete your program of study
• If you are a J-1 student, maintaining valid insurance coverage that fulfills the regulatory requirements

If you fail to follow these requirements, you are said to “violate your status” or “be out of status”. If you violate your status, your SEVIS record must be terminated in order to report this violation to the U.S. government.

If you have dependent family members with you in F-2 or J-2 status, their status is also impacted by your status violation. They would also be out of status, and would need to regain status with you through one of the options outlined below.

Once you have violated your status, it is important to take steps to regain valid status as soon as possible. There are generally two options for regaining status: reinstatement or travel and re-entry. You should discuss your situation with an international student advisor to learn more about these options and select the option that best fits your needs.

Reinstatement

You are able to apply for reinstatement to F-1 status while remaining in the United States. OISSS is typically only able to assist with your reinstatement application if you have fallen out of status during your studies at Portland State.

You have two options for submitting your reinstatement application to USCIS: 1) you may submit your application materials online or 2) you may prepare your application on paper and submit the application to USCIS by mail or a courier service. In both cases, the application will typically include the following elements:

• Form I-539. Online applicants will fill this out within their USCIS account; applicants submitting the paper application should download the current version of this form and its instructions from USCIS’ website.
• Application Fee. Each USCIS application will always require a fee. The fee must be paid at the time of application and is nonrefundable. The most current application fee is available on USCIS’ website.
• Biometrics Fee. Beginning October 1, 2023, USCIS eliminated the requirement for paying a biometrics fee and routine biometric collection for most Form I-539 applications. Applicants may be required to submit biometrics on a case-by-case basis. Applicants who are required to submit biometrics will be notified by USCIS of that requirement prior to the adjudication of their application.
• Supporting Documents. Typical supporting documents include copies of your passport, I-94 record, previous I-20s, academic records (official transcripts), proof of financial support, and documentation describing the circumstances that resulted in the status violation.

If you have violated your status and your SEVIS record has been terminated, you will be contacted by an OISSS advisor as soon as the violation is noticed. If you plan to file for reinstatement, you should work closely with an OISSS advisor throughout this process.

J-1 reinstatement must be requested by the Responsible Officer or an Alternate Responsible Officer after establishing whether or not you meet the eligibility requirements outlined above. You may remain in the U.S. while awaiting the decision about your reinstatement application.

Applications for reinstatement must be submitted to the Department of State by the Responsible Officer or an Alternate Responsible Officer. The application will typically include the following documents:

• Copies of all of your DS-2019s
• A new Form DS-2019 reflecting the request for reinstatement
• A copy of your I-901 SEVIS Fee receipt for your SEVIS record
• A written statement and documentary evidence supporting that statement:
  • Declaring that you are pursuing and have pursued at all times the Exchange Visitor program activity for which you entered the U.S.
  • Showing that the failure to maintain status was due to circumstances beyond your control, AND
  • Showing that denial of the reinstatement request would create an unusual hardship for you.

If you have violated their status and your SEVIS record has been terminated, you will be contacted by an OISSS advisor as soon as the violation is noticed. If you plan to file for reinstatement, you should work closely with an OISSS advisor throughout this process.

Travel and Re-entry

Travel and re-entry is an option for you to regain valid F-1 or J-1 status by beginning a new period of F-1 or J-1 status. This is accomplished by obtaining a new I-20 or DS-2019 and departing the U.S. You will then use the new I-20 or DS-2019 – and possibly a new F-1 or J-1 visa – to re-enter the U.S. If are readmitted to the United States by U.S. Customs and Border Protection (CBP), you will be granted a new period of valid F-1 or J-1 status.

Comparing options for regaining status

If you have violated the terms of your nonimmigrant student status and plan to continue studying in the United States, you should take steps to correct your status as soon as possible.

Being inside the U.S. while out of status can make you subject to Immigration and Customs Enforcement (ICE) investigation, arrest, and removal (deportation) from the U.S. This can affect your ability to travel, study, work, and live in the U.S. for many years to come.

There are benefits and challenges for both of the options for regaining valid nonimmigrant student status. It is very important that you discuss your situation and future plans with your international student advisor in OISSS before taking any action to try to regain your status. Below is an overview of the benefits and challenges for each option.

Reinstatement

Benefits

• If approved, you may have fewer issues related to the status violation when applying for a new visa or traveling.
• If approved, you are eligible for F-1 benefits (for example, CPT or OPT) as if you had not fallen out of status.
• You will not have to pay the I-901 SEVIS Fee again, nor bear the cost of travel. However, there is an application and a biometrics fee associated with the reinstatement application that must be paid.
• You may remain in the U.S. and continue studying while the reinstatement application is pending.

Challenges or risks

• You MAY NOT leave the U.S. while your application is pending or it will be automatically denied due to abandonment.
• You MUST pursue a full course of study, or do so in the next available term, while your application is pending.
• You MAY NOT engage in any employment, including on-campus employment, while your application is pending.
• Processing times may be unpredictable. It is not generally possible to request expedited review of a pending application.
• You MUST be able to demonstrate that the status violation was outside of your control and that failure to be reinstated will cause extreme hardship.
• If your application is denied, your visa will be canceled, the denial will remain on your immigration record, and you must leave the U.S. immediately or risk accruing unlawful presence. This may affect your ability to get visas and travel to the U.S. in the future.

Travel and Re-entry

Benefits

• You can regain your student status relatively quickly; once you successfully re-enter the U.S., you are back in a valid nonimmigrant student status.
• You may work on campus immediately after regaining status (as long as you are maintaining status after your re-entry).

Challenges or risks

• The status violation will remain on your immigration record as a “flag”. You may have trouble getting a new visa or traveling to the U.S. due to the status violation. This may also affect your ability to return to the U.S. when you are traveling back to regain valid status.
• You will be required to pay a new I-901 SEVIS Fee.
• Travel may disrupt your study plans, since you should not remain in the U.S. while you are out of status.
• For F-1 students, your eligibility timeline for certain F-1 benefits, like CPT and OPT, will be reset after you re-enter in a new period of F-1 status.
• You will have a new SEVIS ID that may not match the visa in your passport. This can prompt questions from U.S. consular officers or CBP officers when traveling.