What to Do If You Fall Out of Status on an F-1 Visa

For international students studying in the United States, maintaining F-1 visa status is essential. But sometimes, even small mistakes—like dropping below a full course load or missing a deadline—can result in falling out of status. If you find yourself in this situation, it’s critical to understand your options and act quickly.

At Sharma Law Associates, our New York immigration attorneys regularly assist students who have unknowingly violated the terms of their F-1 visa. Here’s what you should know if your status is in jeopardy or lost.

What Does It Mean to Fall Out of Status?

Falling “out of status” means you are no longer complying with the terms of your F-1 visa.

Common violations include:

·       Dropping below a full-time course load without prior authorization.

·       Working without proper employment authorization.

·       Failing to report a change of address or program.

·       Staying in the U.S. after your program ends without applying for OPT, a status change, or a timely departure.

Unlike a visa expiration, which only affects reentry into the U.S., a status violation means you’re no longer legally allowed to remain in the country. It also affects your eligibility for future immigration benefits.

What Are the Consequences of Falling Out of Status?

Losing your F-1 visa status isn’t just an administrative issue—it can have lasting consequences on your ability to stay in the United States, complete your education, or apply for future immigration benefits.

Many students don’t realize how quickly a simple oversight can become a legal problem affecting their long-term plans.

The consequences can be severe:

·       You lose the benefits of F-1 status, such as on-campus work, CPT, or OPT.

·       You may become subject to removal (deportation) proceedings.

·       Accruing unlawful presence can trigger bars to reentry—3 years if you remain unlawfully for more than 180 days, and 10 years if you remain unlawfully for over a year.

The key is not to wait. If you suspect your status may be compromised, speak with our New York immigration attorneys immediately to understand your legal options.

Option 1: Request Reinstatement of Status

In many cases, students can file Form I-539 to request reinstatement of F-1 status.

USCIS will consider factors like:

·       Whether the violation was due to circumstances beyond your control.

·       Whether you’ve been out of status for less than 5 months.

·       Whether you’re still pursuing or intending to pursue a full course of study.

To strengthen your case, you must submit documentation, a written explanation, and proof of continued enrollment or admission. While your application is pending, you must remain in the U.S. and not engage in employment, even on-campus work.

Option 2: Depart and Reapply for a New F-1 Visa

Sometimes, it may be better to leave the U.S. and apply for a new F-1 visa at a U.S. consulate abroad. You would need to get a new Form I-20 and demonstrate strong ties to your home country and a credible academic plan.

This option carries risk, especially if unlawful presence has accrued, so it should only be pursued after consulting with a qualified immigration attorney.

How Our New York Immigration Attorneys Can Help

At Sharma Law Associates, we help students across New York and beyond assess their status, prepare reinstatement requests, and avoid long-term immigration consequences. We understand how stressful status issues can be and provide calm, strategic guidance to help you regain compliance and continue your education.

Call us today at 646-846-4221 or contact us online to schedule a consultation. Don’t let one mistake derail your future.