Lana Oconnell
International students in the United States on an F-1 visa are expected to comply with certain immigration regulations. Failure to do so will result in their F-1 status being revoked, and they will be considered out of status. To regain their status, these students must apply for reinstatement with the United States Citizenship and Immigration Services (USCIS). The reinstatement application must be submitted within five months of the student losing their F-1 status and can take anywhere from five to twelve months to be processed.
| Characteristics | Values |
|---|---|
| Who can apply for reinstatement? | International students in the US who have violated their F-1 status. |
| Who decides if reinstatement is granted? | The United States and Immigration Services (USCIS). |
| When to apply for reinstatement? | Within 5 months of the violation. |
| What happens if the student has been out of status for more than 5 months? | The student will likely need to leave the country and re-enter on a new SEVIS record with a new visa. |
| What are the exceptions for applying after 5 months? | If the student can demonstrate that exceptional circumstances prevented them from applying within 5 months. |
| What are the eligibility criteria? | The student must not have a record of repeated or willful violations of regulations, must not have worked without authorization, must be pursuing or intending to pursue a full course of study, and must not be deportable for any reason other than failing to maintain F-1 or M-1 status. |
| What is the application process? | The student must submit a reinstatement application to USCIS, either electronically through the ISSO portal or by mail. |
| What documents are required? | Personal check, proof of financial support, a letter explaining the circumstances of the violation, an electronic recommendation from the academic advisor, payment of fees, and any other relevant documentation. |
| How long does the process take? | Processing times vary, but it can take between 5 to 14 months for USCIS to process the application. |
| What happens if the student is admitted for reinstatement? | The student's status will be reactivated, and they will resume active F-1 status. |
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What You'll Learn
Reinstatement eligibility criteria
International students in the United States on an F-1 visa who have violated their status may be reinstated to lawful F-1 status at the discretion of the United States Citizenship and Immigration Services (USCIS). However, certain eligibility criteria must be met for a reinstatement application to be considered.
Firstly, the student must not have been out of status for more than five months at the time of filing. If more than five months have passed, the student must demonstrate that their failure to file during this period was due to "exceptional circumstances".
Secondly, the student must not have a record of repeated or willful violations of regulations. This includes violations such as working without authorization, enrolling in less than a full course load, not enrolling at all, or failing to apply for a program extension in a timely manner.
Thirdly, the student must be pursuing or intending to pursue a full course of study in the immediate future at their school.
Additionally, the student must not be deportable for any reason other than failing to maintain F-1 status.
To apply for reinstatement, students must submit a reinstatement application to USCIS, explaining the reasons and circumstances for the loss of status. The application must be submitted within five months of the student losing their F-1 status. Students may be required to provide supporting documentation, such as proof of financial support, transcripts, and a letter from their academic advisor. There is also a filing fee associated with the reinstatement application.
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Reinstatement application process
International students in the USA on an F-1 visa who have violated their status may be reinstated to lawful F-1 status at the discretion of the U.S. Citizenship and Immigration Services (USCIS). Reinstatement is a lengthy process that can take anywhere from five to twelve months, or even longer in some cases.
To be eligible for reinstatement, the student must:
- Not be out of status for more than five months at the time of filing or show that exceptional circumstances prevented them from filing within that time frame.
- Not have a record of repeated or willful violations of regulations.
- Not have worked without authorization.
- Be pursuing or intend to pursue a full course of study in the immediate future at their school.
- Not be deportable for any reason other than failing to maintain F-1 or M-1 status.
If the student meets the eligibility criteria, they should follow these steps to apply for reinstatement:
- Speak with an advisor: Schedule an appointment with your assigned International Student Services (ISS) advisor to discuss your options and review your eligibility for F-1 reinstatement.
- Submit an online I-20 request: Submit the online I-20 request through MyISSS. You will need to provide scans or photos of financial documentation showing enough funds to pay for at least three quarters of expenses. ISS will create a new I-20 for your reinstatement application.
- Prepare your application: Gather all the necessary documents for your reinstatement application, including a personal letter explaining the circumstances that led to the violation of your status and why these circumstances were beyond your control. Your ISS advisor will review your draft letter and provide feedback.
- Submit your application to USCIS: Submit your reinstatement application to USCIS either online or by mail. If you choose to mail your application, it is recommended to send it by certified mail with a return receipt requested. The processing time for reinstatement applications can vary and may take up to a year or longer in some cases.
- Monitor your application status: USCIS will send an email and/or text message once they receive your application. They will also send the official I-797 Receipt Notice to the address listed on the Form I-539. This can take about two weeks to arrive. Provide a copy of the I-797 receipt notice to your ISS advisor once you receive it.
- Wait for a decision: USCIS will review your application and make a decision. If your application is approved, you will receive an I-797 Approval Notice, and your SEVIS record will be restored to "Active" status. If your application is denied, you will be required to leave the U.S. immediately.
- Re-entry considerations: If your reinstatement application is approved and you choose to travel and re-enter the United States, keep in mind that the violation will remain on your previous F-1 record and may affect your ability to obtain a new F-1 visa. Re-entry is limited to a 30-day period before the reporting date on the new I-20.
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Reinstatement application cost
International students in the United States on an F-1 visa must maintain lawful status by complying with immigration regulations. Failure to do so will result in the loss of their F-1 status and they will be deemed unlawfully present. In such cases, students have the option to apply for reinstatement, which is a request to return to legal student status. The reinstatement application must be submitted within five months of the student losing their F-1 status.
The reinstatement application process involves submitting various documents, including proof of financial resources, updated financial support documents, and a personal letter explaining the circumstances that led to the violation of status. It is recommended that students work with an immigration attorney when filing for reinstatement. The application cost includes a filing fee, which is $370 if filing online or $470 if filing by mail, and a biometrics fee of $85. The total cost of the reinstatement application is $455 for online filings and $555 for mail filings.
It is important to note that during the reinstatement process, students are not eligible for F-1 benefits, such as on-campus employment or OPT authorization. The processing time for reinstatement applications can take several months, and students are advised not to travel outside the United States during this period as their application may be considered abandoned.
An alternative option for students is to depart the United States and seek new admission with a new I-20 and a new SEVIS number. However, this option may not be suitable for certain kinds of offenses, such as working without authorization. Students should carefully consider their options and discuss them with an International Student Advisor before proceeding.
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Reinstatement application time taken
International students in the United States on an F-1 visa who have violated their status may be reinstated to lawful F-1 status at the discretion of the U.S. Citizenship and Immigration Services (USCIS). Reinstatement is a process by which a student who has violated their F-1 status can request a return to legal student status.
The time taken for reinstatement application processing can vary. It can take USCIS anywhere from five to twelve months to process a reinstatement application. Students can expect to receive a receipt notice from USCIS within about two to four weeks of filing. It can take approximately two weeks to receive an email or text message from the date the reinstatement application is received. Processing times are inconsistent and can change frequently. Currently, I-539 applications are taking anywhere from six to fourteen months to process.
It is important to note that students must file for reinstatement no later than five months from the date of the violation. Cases are harder if more than five months have passed since the record terminated or completed. Students who have been out of status for more than five months will likely need to leave the country and re-enter on a new SEVIS record with a new visa.
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Reinstatement application documents
Firstly, it is important to note the time constraints. Students should file for reinstatement as soon as possible after a violation, but no later than 5 months from the date of the violation. Cases are more challenging if more than 5 months have passed, and additional fees may apply.
The reinstatement application process typically involves the following documents:
- Proof of financial support for two semesters or the remaining amount in the program. This includes updated financial support documents showing funds equal to the estimated cost of attendance. Financial documents must be recent (within the last 3 months) and can include U.S. or foreign bank statements, letters of intent for graduate assistants, or other acceptable forms of proof.
- A personal letter explaining the circumstances that led to the violation of status and why these circumstances were beyond the student's control. Any other documentation that helps establish the nature of the violation, including evidence that it occurred less than 5 months ago or justifies why it should be accepted if it occurred more than 5 months ago.
- An electronic recommendation from the student's academic advisor, confirming the program completion date and any remaining requirements for their degree.
- Payment of fees, including application and biometrics fees, which can be made by personal check, cashier's check, or money order.
- Proof of SEVIS fee payment (I-901).
- Any other required forms, such as Form I-539 from USCIS.gov, which should be filled out, leaving blank any questions the student is unsure of.
Once the reinstatement application is received, USCIS will send an email, text message, and an official I-797 Receipt Notice to the address listed. This process can take up to 2 weeks. After receiving the I-797 Receipt Notice, students should provide a copy to the International Student and Scholar Office (ISSO). The entire reinstatement process can take approximately 5 to 12 months, and sometimes longer, to be processed by USCIS.
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Frequently asked questions
International students in the USA on an F-1 visa who have violated their status may be reinstated at the discretion of the United States Citizenship and Immigration Services (USCIS). The reinstatement application must be submitted within 5 months of the student losing their F-1 status. The process takes on average between 6-12 months.
To be eligible for reinstatement, the student must:
- Not be out of status for more than five months at the time of filing or show exceptional circumstances that prevented filing in that time frame.
- Not have a record of repeated or willful violations of regulations.
- Not have worked without authorization.
- Be pursuing or intend to pursue a full course of study in the immediate future at your school.
- Not be deportable for any reason other than failing to maintain F-1 or M-1 status.
The documents required for reinstatement include:
- Proof of financial support for two semesters, or the amount remaining in the program.
- A personal letter explaining the circumstances that led to the violation of your status and why the circumstances were beyond your control.
- An electronic recommendation from your academic advisor confirming your program completion date.
- Payment of the application and biometrics fees (personal check, cashier’s check, or money order).
- A signed and dated SEVIS I-20 for reinstatement.
- Official copy of your current transcript.
- A completed form I-539.
- A copy of your passport identification page.
- Photocopies of all previous SEVIS I-20(s).
- A copy of your electronic Form I-94 record showing that you were admitted in F-1 status for “duration of status”.
Students can choose to work with ISSS for a new I-20, pay the new SEVIS fee, and travel abroad with the new I-20. This often requires an application for a new visa as well, if your current visa is expired. Upon returning to the US with the new I-20, the student’s status is regained.
