Violating and Correcting Status - Office of Global Services

How do students students "fall out of status"?

An F-1/J-1 student may fall out of status for a violation of F-1/J-1 federal regulations.

There are many reasons why a student may fall out of status, including but not limited to:

Failing to complete the required OGS immigration clearance process
Dropping below full-time enrollment without prior authorization
Enrolling in too many online courses
Not maintaining on-ground presence throughout the duration of a required academic term
Letting the I-20/DS-2019 program end date expire without requesting a program extension in a timely manner
Working or engaging in a practical training experience (paid or unpaid) without proper authorization
Taking a leave of absence without permission from the college and OGS
Not making normal and continuous progress towards the completion of their program

OGS must terminate the Student and Exchange Visitor Information System (SEVIS) record of a student who is out of status in order to comply with Federal government regulations.

OGS advisors will work with students to attempt to remedy the violation. Please schedule an appointment with a Designated School Official/DSO (F-1 students) or Alternate Responsible Officer/ARO (J-1 students) at OGS by calling 617-373-2310 or visiting the front desk in 354 Richards Hall in Boston.

How Can Students Correct Their Status?

In order to resume studies in valid F-1/J-1 status, a student must seek to regain status of one of the following ways. Use the drop-down buttons below to learn about the different types, and then call OGS to schedule an appointment to discuss how to move forward.

If you wish to consult with an attorney, please see this page with U.S. Immigration Legal Resources.

F-1 Reinstatement

You may be eligible if you have been out of status for less than five months, are currently in the U.S., have not worked without authorization, and can demonstrate that the violation of status was out of your control.

To correct your visa status through reinstatement, students must obtain the support of OGS and a reinstatement I-20 from the OGS and file an application for reinstatement with the U.S. Citizenship and Immigration Services (USCIS). Not all students who are out of status are eligible to go through reinstatement.

F-1 Readmission

This process is for eligible students with a terminated SEVIS record who have departed or plan to immediately depart the U.S.

In order to correct your visa status through readmission, students must obtain a new initial I-20 with a new the Student and Exchange Visitor Information System (SEVIS) record, leave the country, and re-enter using the new initial I-20.

J-1 Reinstatement

If you fail to maintain your J-1 nonimmigrant student status for any reason, you will need to take action to correct your status in order to continue your program. It is imperative that you speak with an OGS advisor (Alternate Responsible Officer or ARO) to discuss your options to correct status. You can find a summary of the potential options for correcting J-1 student status below. Your eligibility for either option will need to be determined by the OGS ARO after reviewing your situation.

Correcting the Record
“Minor or technical infractions” may be corrected provided that no more than 120 days have elapsed since the event that created the infraction. This is called “correction of the record.”

A J-1 student’s record may be corrected for technical or minor infractions only if the student:

Has had 120 days or less elapse since the event that created the infraction
Is pursuing or intending to pursue the original program objective
Has not willfully failed to maintain insurance coverage during the period which is being corrected
Has not been in substantive violation of the regulations
Has maintained a full course of study

Some examples of minor or technical infractions are:

Failure to extend form DS 2019 prior to its expiration date
Failure to complete a transfer of programs prior to the ending date on the current DS 2019 form
Failure to receive prior approval and/or an amended DS 2019 form before accepting an honorarium or any other type of payment for engaging in a normally approvable and appropriate activity (J-1 scholars only)

Reinstatement
J-1 Reinstatement requires an application to and approval from the Department of State (DOS). DOS will consider the following situations for reinstatement:

If a J-1 student is out of valid status for more than 120 days after the end date on the current form DS 2019 but less than 270 days.
(Students only) failure to maintain full course of study without prior consultation with ISS and their academic advisor.

DOS will not consider requests for reinstatement when the J-1 exchange visitor has:

Knowingly or willfully failed to obtain or maintain the required health insurance coverage while in the US.
Engaged in unauthorized employment
Been suspended or terminated from the most recent exchange visitor program
Failed to maintain valid program status for more than 270 calendar days
Received a favorable recommendation from the DOS on an application for waiver of section 212(e) of the Immigration and Nationality Act