Regaining Status by Filing a Reinstatement Application with the US Citizenship & Immigration Services (USCIS)
Reinstatement is an option for an F-1 student who has not maintained status and wishes to regain status without leaving the U.S. It is best to file the petition for reinstatement with USCIS immediately after the violation and within 5 months of termination. If you are academically eligible to continue studying at LSU, LSU can support your reinstatement application. However, depending on the circumstances of the individual case, reinstatement may or may not be the best option.
Eligibility for Reinstatement
You may be eligible for reinstatement if you:
- Are currently enrolled or intend to enroll for a full-time course load;
- Can establish that the violation of status resulted from circumstances beyond your control;
- Have not engaged in unauthorized employment;
- Have not been out of status for more than 5 months (unless you can show exceptional circumstances beyond your control, such as serious injury or illness, natural disaster, closure of your school, etc.);
- Can document sufficient financial resources to cover your estimated expenses for at least one academic year;
- Do not have a history of repeated or willful violations of your F-1 or J-1 status; and
- Are not deportable from the U.S. on any other grounds.
Steps to Apply for Reinstatement
- Register full-time for classes in the current/current available semester.
- Write a letter to U.S. Citizenship and Immigration Services (USCIS) requesting reinstatement of your F-1 or J-1 status (letter details are below).
- Book a reinstatement appointment to discuss your reinstatement case and be prepared to share your letter to USCIS.
Required Documentation to Apply for Reinstatement
The following items must be submitted to USCIS:
- Completed and signed Form I-539 (Application to Extend/Change Non-immigrant Status)
- Processing fee: U.S. Click here for current fee. Check or money order should be made payable to U.S. Department of Homeland Security. No cash or temporary checks are accepted.
- Financial documentation showing the availability of funds to cover your estimated expenses for at least one academic year. This can be a personal bank statement or an Affidavit of Support Form from family/sponsor(s) with supporting financial documents.
- Signed Reinstatement I-20 from an ISS advisor.
- Your letter addressed to the U.S. Citizenship and Immigration Services requesting reinstatement to F-1 or J-1 student status. It should include the following points:
- How the circumstances occurred that led to your violation of status;
- How falling out of status was beyond your control and/or failure to be reinstated will lead to undue hardship;
- That you are currently enrolled as a full-time student and/or that you intend to pursue a full course of study for the next semester;
- That you have not been employed without authorization; and
- That you have not violated any other immigration regulations.
- Most recent I-94
- Copies of the biographical page of your valid passport, and any previous approval notices from USCIS
- All I-20s previously issued to you
- Official transcripts from LSU and any other U.S. schools you may have attended
- SEVIS fee receipt (only if you have been "out of status" more than 5 months). Visit the linked website for information on this procedure.
If you have dependents in the U.S., you must also include them in the application, since a violation of your F-1 status affects your dependent family members as well. SEVIS only creates I-20s for dependents once the F-1 student status has been reinstated.
Some students choose to work with an immigration attorney on this process.
Processing Times for Reinstatement Applications
USCIS processing times are highly variable, and approval of a reinstatement of F-1 status can take 6-12 months. You should continue to enroll full-time at LSU while the application is pending. You will not, however, be eligible for any type of employment, re-entry to the U.S., or any other student benefit such as CPT or OPT until you have been reinstated.
Results of the Reinstatement Application
- Approved: If your application for reinstatement is approved, you will receive an I-797C Approval Notice in the mail; this document is the only proof that you have been reinstated.
- Denied: If your application for reinstatement is denied, you will probably be given a date of voluntary departure by which to leave the United States (usually within 30 days of notification). Although there is no formal appeal from a denial, you may seek reconsideration through a motion.
- Consequences of a Reinstatement Denial:
- The visa that you used to enter the United States is automatically cancelled;
- You are permanently limited to applying for non-immigrant visas in the future only in your country of citizenship or permanent residence;
- You will begin accumulating days of "unlawful presence" If you remain in the United States after the denial.
Whether the application is approved or denied, there is an official record of a violation of status in DHS files. Status violations can have future impact on eligibility for immigration benefits such as adjustment of status.