Definition
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 the limited conditions specified at 8 CFR 214.2(f)(16). The USCIS district director may consider reinstating an F-1 student who makes a request for reinstatement on Form I-539 accompanied by a properly completed Form I-20 indicating the Designated School Official (DSO)'s recommendation for reinstatement. The district director may consider granting the request 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. You may submit your reinstatement application to USCIS either online or by mail (DO NOT FILE BOTH). We recommend filing online.
- 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. For paper-filing - If you write a personal check, your address and phone number should appear on the check. You may also pay the fee with a money order or a cashier's check.
- 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.
Online Filing Option
The USCIS allows for online or paper-filing of Form I-539 to change status to F-1. DO NOT FILE BOTH online and by paper. The online filing option has are many benefits to online filing 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”.