Reinstatement
If you have lost your F-1 student status for failure to comply with the US Citizenship and Immigration Services (CIS) regulations, you will need to apply for “Reinstatement to Student Status" before you can continue your studies in the United States.
Am I eligible for reinstatement?
To be eligible for reinstatement, you:
- Must be currently pursuing, or intending to pursue, a full course of study
- Must have fallen out of status due to circumstances beyond your control
- Must not have engaged in any unauthorized employment
- Must not have a record of repeated or willful violations of regulations
- Must not have been out of status for more than 5 months
How do I apply?
- Complete Form I-539 (PDF format) and write in Part 2 item 1 the phrase “reinstatement to F-1 status”
- A letter of explanation addressed to CIS stating the following: why you are out of status (specify the violation); the reason for the status violation; the effect of failure to receive reinstatement will have on you; a statement that you are currently pursuing or intending to pursue a full course of study; and specifically request that CIS reinstate you to F-1 student status. Note: all reinstatement requests must demonstrate that the “violation of status resulted from circumstances beyond the student’s control or that failure to receive reinstatement to lawful F-1 status would result in extreme hardship to the student” 8 C.F.R. 214.2(f)(16)(i)(A)
- Obtain a current financial statement or affidavit of support from your sponsor indicating ability to pay the remainder of your education.
- Submit your I-94 and copies of the identity page and F-1 visa from your passport.
- Pay the $195 application fee made out to CIS.
Submit all of the above to the International Admissions Office. The International Admissions Evaluator will make a new I-20 for you requesting reinstatement if you are eligible for reinstatement. All application materials will then be sent to CIS for adjudication. If CIS denies your reinstatement petition, your visa will be canceled and you must immediately return to your country or risk accumulating days of “unlawful presence” which could affect future US visa applications.
What other options do I have?
In some cases, it may be more advisable to depart the country and re-enter with a new I-20 as a means to re-start your F-1 status. To obtain a new I-20 for travel and re-entry, you must:
- Obtain a current financial statement or affidavit of support from your sponsor indicating ability to pay the remainder of your education.
- Write a letter to the International Admissions Evaluator explaining how you fell out of status and how to plan to prevent future status violations
Travel and re-entry can only be done on breaks between terms. When you successfully return to the US, you must show your stamped I-20 to the International Admissions Evaluator. You will begin a new F-1 status and be subject to all regulations and restrictions of new F-1 students.
|