Regain Your Status
The information contained on this page is for general information purposes only. Due to frequent government updates, NYU OGS may make additions, deletions, or modifications to the contents on this page at any time without prior notice.
Please note, these directions are meant to help you in completing your application but should not be considered legal advice. The US Department of State ultimately provides the decision on your visa application, and the US Citizenship and Immigration Services ultimately provides the decision on your reinstatement application.
Loss of status for an international student results in your immediate termination of eligibility for such immigration benefits as employment, extension, transfer, or travel signature recertification.
Once out of status, you must take prompt action to get back into lawful status in order to regain eligibility for immigration benefits. Any delay in doing this could result in serious, possibly permanent immigration consequences for you. Staying in the US after your status has ended could result in you accruing days of unlawful presence, which could affect future US visa applications and other immigration applications. If you are unlawfully present in the US for a period of more than 180 days but less than 1 year, you may be banned from entering the US for 3 years; if you are unlawfully present in the US for one year or more, you may be banned from entering the US for 10 years. Please discuss any concerns or questions about this with a qualified immigration attorney.
In addition to using the Office of Global Services as a resource, we encourage you to consult with NYU's Immigrant Defense Initiative and with a qualified immigration attorney. OGS has an attorney list we could provide to you as a resource for further expert guidance.
F-1 Students
How to regain F-1 Status
There are two options to regain F-1 status: (1) travel outside of the US, or (2) apply to be reinstated while in the US. To be eligible for either option, you must have approval to continue in your program and have adequate funds. Both options have positive and negative aspects but you will need to decide which works best for your needs. Remember, you must cease all on-campus or authorized off-campus employment until you regain F-1 status, and you must act quickly to increase the likelihood of a positive outcome.
OPTION 1 - Travel outside of the US:
Step 1
Meet with an OGS advisor to discuss the details of your situation.
You must have the following documents at your meeting:
- Updated financial documentation, and
- Supporting letter from the academic advisor, undergraduate dean, or director of graduate studies (You must upload a letter from your academic department on department letterhead that confirms 1) your eligibility to continue in your program, 2) the anticipated completion date, and 3) the number of credits remaining for your program.)
Step 2
Submit your request for a new I-20.
You will need to have all documents as detailed in Step 1 for you to successfully complete the request for a new I-20. Once you have all documents, submit your request for a new I-20.
Step 3
Pay the SEVIS fee.
Once you have your new I-20, you will have to pay the SEVIS fee again. Pay the fee online. Be sure to enter the SEVIS ID number of your newly obtained I-20 from OGS.
Step 4
Leave the US and get your new F-1 visa if applicable.
Step 5
Use the new I-20 to reenter the US with a new I-94 in F-1 status and report your arrival to OGS.
You may enter the US up to 30 days before the start date on your new I-20. Review the list of documents to carry. Report your arrival to the US within 10 days below:
If you have any problems submitting the online request, review our troubleshooting tips.
NOTE: Your legal F-1 status begins when you use your new I-20 to enter the US successfully with a new I-94 record. Because of this, you will NOT be eligible for off-campus work authorization right away. You must have two semesters of academic work remaining after reentering the US in your new F-1 status in order to again be eligible for off-campus work. Discuss any concerns you have about employment with an OGS advisor before you request an I-20 for travel outside of the US.
OPTION 2 - Reinstatement within the US:
To be reinstated students must:
- be pursuing or intend to pursue a full course of study at NYU
- have sufficient financial resources to register for a full course of study
- document that loss of status was due to circumstances beyond your control or that failure to be reinstated would result in extreme personal hardship
- document that the violation took place less than 5 months ago from the date of reinstatement application or that if it took place more than 5 months ago provide detailed explanation of why you did not apply for reinstatement sooner
Step 1
Meet with an OGS advisor to discuss the details of your situation.
You must have the following documents at your meeting:
- a letter detailing the nature of and reasons for the violation of F-1 regulations
- updated financial documentation, and
- supporting letters from the academic advisor, undergraduate dean, or director of graduate studies, if necessary (You must upload a letter from your academic department on department letterhead that confirms 1) your eligibility to continue in your program, 2) the anticipated completion date, and 3) the number of credits remaining for your program.)
Step 2
Submit your request for a reinstatement I-20.
You will need to have all documents as detailed in Step 1 for you to successfully complete the request for a reinstatement I-20. Once you have all documents, submit your request for a reinstatement I-20. If you are eligible to pursue reinstatement, OGS will produce a new I-20 issued for this purpose.
Step 3
Submit the following to the US Citizenship and Immigration Services:
- I-94 record
- a completed USCIS Form I-539
- a check or money order made payable to US Department of Homeland Security in the amount of $370
- a check or money order made payable to US Department of Homeland Security in the amount of $85 (for biometric fee)
- copy of your passport
- copy of your visa
- the new NYU reinstatement I-20
- copies of financial documents
- letter of explanation requesting reinstatement to F-1 status
- additional support documents, as applicable (such as your official transcripts, enrollment verification, or previous I-20s)
If you have been out of status for more than five months, you also need to pay the SEVIS fee and include proof of payment with your reinstatement application.
The application is mailed to the USCIS. Review your F-1 documents with an OGS advisor and seek the assistance of a knowledgeable immigration attorney to review your Form I-539 prior to sending your Reinstatement application off.
USCIS will determine your eligibility for reinstatement and notify you of the decision in writing, returning the I-94 information and new I-20. If your application is denied, you must see an OGS advisor immediately.
You may not work while out of status.
J-1 Students
J-1 students may apply to reinstate their legal status only if the violation occurred as a result of circumstances beyond their control. Application approval is not guaranteed.
To apply for reinstatement, submit the following to the OGS:
- a written statement explaining the circumstances beyond your control that necessitates the request for reinstatement,
- financial documentation,
- copies of all previously issued forms DS-2019, and
- a check for $246 payable to "NYU"
If we are in support of your application, we will write a supporting letter explaining the violation and requesting your reinstatement, and will mail off your application to the U.S. Department of State on your behalf. If the application is approved, we will then issue you a new DS-2019.
You may not work while out of status.