F-1 Visa and F-1 Reinstatement
Student Visa Attorney in Silicon Valley
For students who hope to study in America, the F-1 visa is a popular choice. This
visa allows international students to enter the United States in order to study at an accredited school.
Hundreds of thousands of students use this to take advantage of the top
educational opportunities available at United States schools. According
to the State Department, 667,928 student visas were issued in 2015, a
number that has grown every year.
How to Obtain an F-1 Visa
In order to obtain an F-1 visa, international students must do the following:
- They must first obtain a Form I-20, which is a certificate of eligibility
issued by the school which they plan to attend.
- They must then go to the US consulate in their home country and submit
the I-20 along with a non-immigrant visa immigration and other supporting
- After obtaining the F-1 visa, the student can travel to the United States
and apply at the border for admission.
Losing F-1 Status
Even after obtaining an F-1 visa and coming to the United States, students
sometimes lose their status. This can happen for any number of reasons;
perhaps the student failed to maintain a certain grade point average and
was dismissed from their school, or reduced their course load without
authorization, etc. In these situations, schools will revoke the students’
SEVIS authorization, resulting in a loss of F-1 status. These students
have several options, depending on the facts of their case.
For some of these students, it may be best to leave the United States and
apply for a new F-1 visa from their home country. In other situations,
international students who have lost their F-1 status may decide to apply
to have their status reinstated. In these cases, after consulting with
an attorney, students would obtain admission to another school in the
United States, who will issue them a new Form I-20. They should start
attending this school while their reinstatement petition is being adjudicated by USCIS.
It is important to consult with a San Jose immigration attorney to determine
the best course of action.
Call for your consultation with our firm today.
Reinstating Your F-1 Visa
Under current regulation, found at 8 C.F.R. § 214.2, USCIS may grant
a status reinstatement if certain requirements are met. In summary, the
- The student has not been out of status for more than five months at the
time of filing the reinstatement request, or the failure to file within
the five-month period was the result of the exceptional circumstances
and the student filed as soon as possible under those circumstances;
- The student does not have a record of repeated or willful violations of
- The student is currently pursuing or intending to pursue a full course
of study in the immediate future at the school which issued the Form I-20;
- The student has not engaged in any unauthorized employment;
- The student is not deportable on any grounds (other than failing to maintain
- The student can establish that either 1) the violation of status resulted
from circumstances beyond the student’s control OR 2) the violation
relates to a reduction in the student’s course load that would have
been within a Designated School Official’s power to authorize, and
that failure to approve reinstatement would result in extreme hardship to you.
In order to maximize chances of success, students should consult with a
San Jose immigration attorney to determine whether F-1 reinstatement is right for them, and for assistance
in preparing a strong F-1 reinstatement application.
Get the Help You Need from Our Silicon Valley Immigration Firm
With extensive experience in the field of immigration, our attorneys at
Verma Law Firm offer the aggressive, yet compassionate representation that you need.
We know how the systems work and we will work personally with you to achieve
your desired visa.
Get your questions answered and begin the process of F-1 visa reinstatement today!