International Students: Reinstatement Process And Application In The Usa

International students in the USA on an F-1 visa must maintain lawful status by complying with immigration regulations. If a student fails to follow these rules, they will lose their F-1 status and may need to apply for reinstatement. Reinstatement is an application submitted to U.S. Citizenship and Immigration Services (USCIS) to request a return to legal student status. The application costs $370 and can take up to five months to be processed. Students must demonstrate that their failure to file during the five months was due to exceptional circumstances.

Reinstatement application process

International students in the USA on an F-1 visa who have violated their immigration status and had their status terminated as a result can apply for reinstatement to resume legal student status. The reinstatement application is submitted to U.S. Citizenship and Immigration Services (USCIS) and costs $370. The process can take up to approximately five months, and if approved, the student will be reinstated to active F-1 status.

• Work with an immigration attorney (optional): Although not mandatory, it is recommended that students work with a reliable and reputable immigration attorney when filing their reinstatement application.
• File as soon as possible: Students should file their reinstatement application as soon as possible after the violation occurs, but no later than five months from the date of the violation.
• Gather required documents: Students should gather the necessary documents for their reinstatement application, including:

• A personal check for $370, made payable to the U.S. Department of Homeland Security.
• Documentation to establish the nature of the violation, including proof that the violation occurred less than five months ago or justification for why the application should be accepted if the violation occurred more than five months ago.
• A copy of the entire Form I-20 issued for applying for reinstatement purposes, signed and dated in the Student Attestation box at the bottom of page 1.
• A copy of the Most Recent Form I-94 and copies of dependent(s)'s I-94, if applicable.
• A letter requesting reinstatement to F-1 student status, explaining the student's situation and truthfully stating why they failed to maintain status.
• Supporting documentation, such as a letter of support from a faculty advisor familiar with the circumstances of the case.
• Current transcript and transcripts from other U.S. schools previously attended.
• Photocopy of passport identification and visa pages (do not send the original passport).

• Submit the application to USCIS: Students can submit their reinstatement application to USCIS either online or by mail, but they should not submit both. It is generally recommended to file online.
• Wait for a response from USCIS: USCIS will send an email and/or text message within approximately two weeks of receiving the reinstatement application. They will also send the official I-797 Receipt Notice to the address listed on the Form I-539.
• Provide a copy of the I-797 Receipt Notice to ISSO: Once the student receives the I-797 Receipt Notice, they should provide a copy to their International Students and Scholars Office (ISSO), which will then upload it to Cystart's "Immigration Document Upload" e-form.
• Receive a decision from USCIS: USCIS will take approximately four to twelve months to process the reinstatement application and will send a letter with their decision through mail.
• If approved, update your SEVIS record: If the reinstatement application is approved, USCIS will send an I-539 Reinstatement Approval Notice. The student should then email a copy of the Approval Notice to the International Center to update their SEVIS record and issue an updated Form I-20.
• If denied, prepare to leave the U.S.: If the reinstatement application is denied, the student must depart the U.S. and cannot appeal the decision. However, they may file a motion to reopen or reconsider if warranted.

Eligibility criteria

International students in the USA on an F-1 visa who have violated their immigration status and had their status terminated as a result may be able to apply for reinstatement to lawful F-1 status. This is at the discretion of a USCIS district director and only under certain conditions.

To be eligible for reinstatement, a student must:

• Not have been out of status for more than five months at the time of filing the request for reinstatement. If more than five months have passed, the student must demonstrate that the failure to file within the five-month period was the result of exceptional circumstances beyond their control, such as serious injury, illness, or natural disaster.
• 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.

Students must submit a reinstatement application to USCIS and pay the application fee, which is $370, or $805 if including the biometric services fee and a new SEVIS/I-901 fee. The application can be filed at any time, but it is recommended to do so as soon as possible after the violation occurs. The application can be submitted online or by mail, but not both. It can take approximately five months to be processed by USCIS.

Required documents

International students in the USA on an F-1 visa who have violated their immigration status may be able to apply for reinstatement to lawful F-1 status. This process can be complex and costly, and it is recommended that students work with an immigration attorney when filing a reinstatement application.

• A reinstatement application, submitted to U.S. Citizenship and Immigration Services (USCIS). This application costs \$370 and can take up to five months to be processed.
• A personal check for \$370, made payable to the U.S. Department of Homeland Security.
• Any documentation that might help establish the nature of the violation, including evidence that the violation occurred less than five months ago or justification for why the application should be accepted if the violation occurred more than five months ago.
• A copy of the I-797 receipt notice and approval or denial notice, once received from USCIS.
• Proof of financial support for two semesters or the remaining amount in the program. Financial documents must be less than three months old.
• If applicable, a copy of the student's entire Form I-20, signed and dated in the Student Attestation box at the bottom of page 1, and a copy of the Most Recent Form I-94, as well as copies of these documents for any dependents.
• Documentation that demonstrates the student's ability to pay for their studies and support themselves while in the United States, such as a bank statement or an offer letter from an employer.
• If the student has been out of status for more than five months, they will need to pay an additional \$200 SEVIS Fee.
• If the student is within the first five months of their violation, they must provide an explanation for why their record was terminated and how they plan to maintain F-1 or M-1 status.

Time taken for approval

The time taken for approval of an international student's reinstatement application in the USA can vary. On average, it takes around five months for the United States Citizenship and Immigration Services (USCIS) to process a reinstatement application. However, it is important to note that this timeline may depend on various factors and can be shorter or longer in some cases.

The reinstatement process begins when a student submits their application to USCIS, either online or by mail. The application must include various documents, such as Form I-539, the filing fee, photocopies of previously issued I-20s, and evidence of financial support. It is recommended that students work with an immigration attorney when filing for reinstatement to ensure a smooth process.

After submitting the application, it typically takes USCIS approximately two weeks to send an email, text message, or mail the official I-797 Receipt Notice. Once the application is received, students can expect to receive an update on their request within a few months. If approved, the student will be reinstated to their previous F-1 status and can resume their studies. The adjudicating officer will endorse the student's I-20 to indicate their reinstatement, and the student will receive an I-539 Reinstatement Approval Notice from USCIS.

It is important to note that the time taken for approval can be influenced by several factors, including the student's individual circumstances and the volume of applications being processed by USCIS at the time. In some cases, if the student has been out of status for more than five months, it may be harder to obtain approval, and additional explanations may be required.

To expedite the process, students should ensure they provide all the necessary documentation and information accurately and completely. They should also be mindful of not travelling outside the U.S. while their reinstatement application is pending, as this may result in their application being considered abandoned.

Denial consequences

If an international student's application for reinstatement is denied by the United States Citizenship and Immigration Services (USCIS), there are several consequences that the student will face. Firstly, the student must depart the US. While there is no option to appeal the denial, a motion to reopen or reconsider may be filed if warranted.

In addition, the visa that was used to enter the US will be automatically cancelled, and there will be limitations on applying for non-immigrant visas in the future. The student will only be able to apply for non-immigrant visas in their country of citizenship or permanent residence. Each day beyond the denial, the student will accumulate "unlawful presence" days. If they remain in the US for more than 180 days post-denial, they will be barred from returning to the country for three years. This bar increases to ten years if they remain in the US for one year or more post-denial.

Furthermore, a record of the status violation will remain in the Department of Homeland Security (DHS) files, which can impact future eligibility for immigration benefits such as adjustment of status. 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 Student and Exchange Visitor Program (SEVIS) record with a new visa. This process can be challenging, as DHS may deny entry to those who have previously violated US immigration law.

Given these potential consequences, it is recommended that international students work with a qualified and reputable immigration attorney when facing reinstatement application denial. An attorney can advise on the specific ramifications and explore any remaining options.

Frequently asked questions