An F-1 student who has overstayed his or her authorized period of stay or has otherwise failed to maintain F-1 student status may be reinstated to lawful F-1 status at the discretion of the United States Citizenship and Immigration Services (USCIS).
The USCIS may reinstate the student to lawful F-1 status, if he or she: - establishes to the satisfaction of the USCIS 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;
- is currently pursuing, or intending to pursue, a full course of study at the school that issued the Form I-20;
- has not engaged in unauthorized employment; and
- is not deportable on any ground other than section 241(a) (1) (B) or (c) (i) of the Act {overstaying or failing to maintain status}. {8 CFR 214.2(f) (16) (i)}
IMPORTANT NOTES - If you are currently working on-campus, you must stop working immediately.You may resume on-campus employment only after your reinstatement application has been approved.
- If you have engaged in any unauthorized on- or off-campus employment, you are not eligible to apply for reinstatement.
- You must enroll full-time while your reinstatement is pending.
- Applying for a reinstatement does not guarantee that it will be granted.Thus, do your very best to put together an application that will satisfy the USCIS.
- If you have previously been granted a reinstatement, it is highly unlikely that your second reinstatement application will be approved.
- Remember! Reinstatement is not the only option available to you.You may choose to obtain a new I-20, apply for a new F-1 visa, and return to the U.S. to resume your study.Please consult with an ISSA advisor.
- Please do not leave the U.S. while the reinstatement application pending. If you do, your reinstatement application will be considered abandoned. If you decide to withdraw the application, please see an ISSA advisor for a withdrawal procedure.
APPLICATION PROCEDURE It is important that you do NOT delay applying for reinstatement.Even with a status violation reason beyond your control, failure to file for reinstatement within five months of violation will cause you ineligible for reinstatement. Make an appointment with an international student advisor in the Office of International Services and Student Affairs (ISSA) to receive a Reinstatement I-20.Then, send the following documents by certified mail with return receipt (clearly indicate, "Reinstatement" on bottom left corner of envelope) to: * Please note the new address due to new instructions from USCIS effective April 2, 2007. USCIS California Service Center P.O. Box 10539 Laguna Niguel, CA92607-1053 According to the USCIS website, your reinstatement application should include: - Completed Form I-539 (with “REINSTATEMENT” written in big, bold letters on top)
- $200 (or $300 if postmarked on or after 07/30/2007) filing fee -- check or money order made payable to Department of Homeland Security;
- Reinstatement I-20 (be sure to sign at #11);
- Proof of SEVIS fee payment if you have been out of status for more than five months(https://www.fmjfee.com/index.jhtml)
- Original Form I-94;
- Copy of passport "data" pages;
- Copies of previously issued Form I-20;
- New financial document as indicated on Reinstatement I-20;
- Written statement explaining your situation, and why you have failed to maintain valid F-1 status (also confirm that the above four statements are true);
- Official WMU transcripts; and
- Any other supporting documentation, if any.
If the reinstatement application is approved, USCIS will send you the processed I-20 and I-94 card. Upon receiving the approved I-20 and I-94 from the USCIS, please immediately provide a copy to the ISSA. For more information, please see an ISSA advisor.
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