A student who has violated their immigration status and whose status was terminated as a result of that violation may be reinstated to lawful F-1 status at the discretion of an USCIS district director, but only under limited conditions.
A student may be granted reinstatement if the student:
- Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances).
- Does not have a record of repeated or willful violations of Service regulations;
- 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;
- Has not engaged in unauthorized employment; and
- Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act; and
- Establishes to the satisfaction of the Service by a detailed showing, either that:
- The violation of status resulted from circumstances beyond the student's control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster; or
- The violation related to a reduction in the student's course load that would have been within a DSO's power to authorize and that failure to approve reinstatement would result in extreme hardship to the student.
Procedures
- Speak to an IC advisor to discuss your situation and review the reinstatement eligibility and the application process
- Obtain a reinstatement I-20 from the IC. A reinstatement request will be available for your submission in M-Passport after speaking to an IC advisor.
- Prepare your reinstatement application following the list of documents below.
- Copy of your entire Form I-20 issued for applying for reinstatement purpose (sign and date the I-20 in the Student Attestation box at the bottom of page 1 before making a copy)
- Copy of paper or print-out of electronic Most Recent Form I-94 and copy of your dependent(s)'s I-94 if applicable
- Complete USCIS Form I-539 Application to Extend/Change Nonimmigrant Status and submit the appropriate fee.
- If you have been out of status for more than 5 months, you must pay the SEVIS fee and submit the fee receipt
- Copies of all of your immigration documents including valid passport, all U.S. visa stamps, and previous I-20s
- A cover letter explaining the circumstances that led to the violation and listing schools you have attended in the U.S. in chronological order
- Provide an official transcript and a letter from your department or academic advisor to verify that you are in good academic standing
- Submit documentation that demonstrates your ability to pay for your studies and support yourself while you are in the United States, such as a bank statement, or an offer letter from the department where you are appointed as a GSI/GSRA.
- Submit your reinstatement application online or by paper. We recommend filing online. DO NOT FILE BOTH online and by paper.
- Online Filing Option
The USCIS allows for online or paper-filing of Form I-539 to change status to F-1. The online filing option has many benefits, including:
- Immediate filing of I-539 application with USCIS and issuance of I-539 receipt notice;
- Direct access to USCIS notices including, but not limited to receipt notice, requests for evidence, approval notice, etc.
- Ability to communicate with USCIS through a secure inbox
- Option to provide additional unsolicited evidence/updates to your application if necessary
- Minimizes risk of rejection of the application by vetting common reasons for rejection such as applicant’s signature and proper fee payment
- Ability to pay application fee through your bank account (ACH), debit, or credit card.
If you have dependents, they have an option to file online individually and pay a fee for each application. If you wish to file together and pay a single fee, please follow the instructions below for paper-filing. DO NOT FILE BOTH the online and paper-filing options.
- Paper Filing Option
Gather your documents and prepare a check for the application fee, and mail them to USCIS. The mailing address on your I-539 will dictate to which USCIS Service Center you should mail your application. Please refer to the 'Nonimmigrants and Their Dependents' section of Filing Addresses for Form I-539 on the USCIS website to locate the appropriate mailing address.
Please note that the U.S. Postal Service is the only service that delivers to a P.O. Box address. We recommend that you use a trackable mailing method so that you have delivery confirmation of your application. If you send your application with a method that requires a signature upon delivery, use the express mail and courier deliveries address (e.g., UPS, FedEx, DHL, etc).
What Happens Next
A receipt notice will be sent to you with a case number assigned. You may then use the case number to check the status of the application from USCIS website.
- If Your Application Is Approved
If your application is approved, USCIS will send you your I-539 reinstatement Approval Notice. You will receive a new Most Recent I-94 in the bottom-left section of page 1 of the Approval Notice. Please email the International Center ([email protected]) ASAP with a copy of your Approval Notice right away so that we may update your SEVIS record accordingly and issue you an updated Form I-20.
- If Your Application Is Denied
If an application for F-1 Reinstatement is denied by USCIS, you must depart the US. A denial of an application for reinstatement cannot be appealed, although a motion to reopen or reconsider may be filed, if warranted. Other effects of reinstatement denial may include, but are not limited to:
- The visa that you used to enter the US may be automatically canceled;
- You may be permanently limited to applying for nonimmigrant visas in the future only in your country of citizenship or permanent residence;
- You may begin (or resume) accumulating days of "unlawful presence”.