What happens if I fall out of legal immigration status?
FAQ.
Answered by Robin Catmur-Smith, Managing Director of the International Student Resource Center
Last updated: July, 2026
What happens if I fall out of legal immigration status?
Contact your DSO (F-1) or ARO (J-1) immediately — acting fast is critical. Depending on your situation, you may try to regain status through reinstatement (file an application with USCIS while remaining in the U.S.) or departure and re-entry (leave, get updated documents, return under a new SEVIS record).
Your two main options
Reinstatement — petition USCIS to restore your status while staying in the U.S.
Departure and re-entry — leave, obtain updated documentation, and return with proper authorization.
See: How reinstatement and re-entry compare
About unlawful presence
Unlawful presence (staying beyond your authorized period) can trigger 3- or 10-year bars to future entry. Under current rules, if you're admitted for "duration of status" (D/S) on your I-94, you generally don't accrue unlawful presence simply by falling out of status — only once USCIS or an immigration judge formally finds a violation.
UPDATE: A pending regulation would replace D/S with a fixed end date on the I-94 for F and J holders (expected mid-2026, effective ~60 days after publication). See the site's Recent Updates.
Important: Falling out of status can affect your ability to work, apply for OPT, or get future visas. Your DSO/ARO advises on your status loss, but USCIS makes the final reinstatement decision. Act early.
Reference: DHS Study in the States — Reinstatement
