F-1 Reinstatement Victory After 7 Years Out of Status—Approved Without an RFE
April 22, 2025

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At the Law Offices of Sabrina Li, we’re no strangers to tough immigration cases—but some victories are especially meaningful. One recent F-1 reinstatement approval followed a seven-year lapse in status, multiple failed attempts, and rejections from nearly every school the client approached. Against all odds, USCIS approved the application without even issuing a Request for Evidence (RFE).

The Hidden SEVIS Termination: How a System Glitch Sparked Years of Trouble

Our client graduated from the University of California, Irvine (UCI) with a bachelor’s degree in May 2018 and quickly obtained Optional Practical Training (OPT). He began working in full compliance with F-1 regulations and properly reported his employment to UCI.

What the client didn’t—and couldn’t—know was that the SEVIS record had been auto-terminated in August 2018 due to a system-triggered "auto-completion", for which the school has never been able to offer an explanation. No notification was ever sent, and our client had every reason to believe that F-1 status had been properly maintained.

First Reinstatement Application: Delays, Denial, and Disappointment

Unaware of the SEVIS termination, our client remained in the United States and even pursued an H-1B petition, which was not selected. He subsequently applied to graduate school and was issued an I-20 by a Designated School Official (DSO) in August 2019.With the help of his education consultant, the client filed his first reinstatement application with USCIS in December 2019. That application remained pending for years, largely due to delays caused by the COVID-19 pandemic.

It was not until May 2023—nearly four years later—that USCIS issued a Request for Evidence (RFE), revealing the underlying issue: the SEVIS termination had occurred on October 11, 2018. By the time the client filed his first reinstatement application, he had already been out of status for nearly 14 months. 

Why USCIS Denied the First Application—and What We Learned

With the assistance of his education consultant, the client submitted a timely response to the RFE. Nevertheless, the application was denied, and a subsequent Motion to Reopen filed by the client was also dismissed in February 2024. Further complicating the matter, USCIS questioned whether the client’s academic plan demonstrated a specific educational objective, citing concerns about the nature of the coursework and the lack of clear evidence indicating an intent to pursue further academic advancement. Additionally, USCIS found that the school’s support letter failed to establish the client’s eligibility at the time of the original application.

By that time, six years had passed since the client initially fell out of status.  

Institutional Rejection and One Last Chance for Reinstatement

After the failed Motion to Reopen, the client retained our office for one final effort to restore F-1 status. But the road ahead was anything but smooth. Most schools declined to assist—some citing internal policies that do not support reinstatement applications filed more than five months after a loss of student status, others rejecting the client due to prior academic performance or without providing any reason at all.

Undeterred, and with our continued guidance, the client ultimately secured admission to a graduate program at a school willing to issue a reinstatement I-20.

An Approval That Defied All Expectations

With a seven-year lapse in status, a denied reinstatement, a dismissed motion, and widespread institutional rejection, this was one of the most challenging reinstatement cases our legal team has handled. As soon as the client secured a new reinstatement I-20, our team promptly filed his second reinstatement application in January 2025. Remarkably, USCIS approved it in April 2025—without issuing a Request for Evidence.

Our team built a meticulous, compelling case that not only documented every step the client had taken in good faith, but also contextualized the SEVIS record anomaly and explained why the client had never knowingly fallen out of status. We also highlighted the extraordinary effort the client made to return to compliance, even after years of uncertainty.

What Students Should Know About Reinstatement After 5 Months

Students pursuing reinstatement of F-1 status should be aware that while there is no statutory deadline, USCIS closely scrutinizes applications filed more than five months after the loss of status. In these cases, applicants must provide additional evidence demonstrating that the delay was caused by exceptional circumstances and that the reinstatement request was filed as promptly as reasonably possible.

This distinction is critical. While applications filed within five months are often viewed more favorably, approval is still possible beyond that window when the underlying facts are compelling and properly supported. In this case, the client had fallen out of status more than seven years earlier—a lapse far exceeding the five-month threshold—yet was still granted reinstatement based on a carefully constructed record showing good-faith compliance, persistent effort, and circumstances entirely outside the client’s control.

This outcome highlights that filing beyond five months does not bar reinstatement, but doing so successfully requires a persuasive legal strategy, clear documentation, and expert navigation of the reinstatement criteria.

Expert Representation Can Make All the Difference

This case is a testament to the power of strategic advocacy and client resilience. If your F-1 status has lapsed—even if years have passed—we’re here to help you reclaim your future. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a specialist in immigration and nationality law. Under her experienced leadership, our legal team skillfully handles complex immigration matters, offering strategic guidance and strong advocacy. Let us help ensure your immigration journey remains secure and successful. Contact us today at (213) 375-8096 or info@sabrinali.law to discuss your case.

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