Reinstatement to F-1 Status

A student who has failed to maintain status and had their Student and Exchange Visitor Information System (SEVIS) record terminated by a Designated School Official (DSO), Department of Homeland Security (DHS) adjudicator, or the SEVIS may apply to USCIS to be reinstated to lawful F-1 status. Reinstatement is only granted under the limited conditions specified at 8 C.F.R. § 214.2(f)(16) and at the discretion of USCIS.

Overview

Maintaining valid F-1 nonimmigrant status is essential for international students studying in the United States. Students may fall out of F-1 status for various reasons, including but not limited to:

• Failure to enroll or maintain full-time enrollment without prior authorization
• Failure to apply for a program extension before the I-20 program end date
• Unauthorized off-campus employment
• Failure to report or check in with the Center for Global Engagement at the beginning of an academic program
• Violation of the conditions of on-campus employment

Failure to leave the U.S. within the 60-day grace period upon completion of a program of study

Consequences of Falling Out of Status

Maintaining lawful F-1 nonimmigrant status is essential for international students studying in the United States. Falling out of status has serious legal and academic consequences. Students who fall out of status are ineligible for F-1 status benefits, including:

• On-campus employment
• Off-campus employment authorization, including Optional Practical Training and Curricular Practical Training
• Program extensions
• Change of nonimmigrant status

Additionally, students may accrue unlawful presence and be subject to deportation. For these reasons, the Center for Global Engagement strongly recommends that all students seeking reinstatement to F-1 status work with a licensed and reputable immigration attorney.

Options Following Violation of F-1 Status 

1. Travel and Reenter

A student may choose to depart the country and re-enter with a new I-20, rather than applying for reinstatement. In this option, a new SEVIS record with a new SEVIS ID must be created, and the I-901 fee must be paid again. A student may need to apply for a new visa. A student will lose any time accrued towards the one full academic year for purposes of practical training and off-campus employment authorization purposes. The Center for Global Engagement strongly recommends that students assess the risk of travel and re-entry, and whether a departure from the United States would trigger a 3 or 10-year reentry bar, with a licensed immigration attorney. There is no guarantee that CBP will determine whether to admit you to the U.S. with a new Form I-20 and a previous status violation.

2. Reinstatement

The Center for Global Engagement strongly encourages all F-1 students seeking to regain F-1 status through reinstatement to work with a licensed and reputable immigration attorney. Elgin Community College reserves the right to refuse to support any reinstatement application. Applications are considered on a case-by-case basis. Students requesting reinstatement are required to work with a licensed U.S. immigration attorney in the following instances:

• After being out of status for more than five months.
• A government-initiated SEVIS termination has occurred.
• Department of State or other government-initiated visa revocation.

The reinstatement application must be supported and filed by the attorney, and ECC will require proof that the attorney will support the student’s reinstatement application prior to issuing an I-20 requesting reinstatement. Proof can be in the form of a signed letter on letterhead or an email directly to ECC, on file at least 30 days prior to issuing the I-20 requesting reinstatement. All fees related to the expense of an attorney are the responsibility of the student.

Eligibility for Reinstatement to F-1 Status

USCIS may consider reinstating a student to F-1 status if the student can prove the following:

• The student has not been out of status for more than five months prior to filing for reinstatement (unless they can show that there were exceptional circumstances that prevented the student from filing during the five-month period).
• The student does not have a record of repeated violations.
• The need for reinstatement did not result from “a willful failure on the part of the student.”
• The student is pursuing, or will be pursuing, a full course of study in the next available term.
• The student has not engaged in unauthorized employment.
• The student is not deportable “on any ground other than section 237(a)(1)(B) or (C)(i) of the Act”
• The status violation resulted from either:
  • Circumstances beyond the student's control; or
  • Failure to apply in a timely fashion for a reduced course load authorization from the DSO, but only if the violation relates to something that would have been within the DSO's authority to have approved, if it had been timely done, and that the student would experience extreme hardship if the application were not approved.

Five-Month Rule

Students who have been out of status for five months or longer from the date of the status violation must show additional proof that exceptional circumstances prevented the student from filing during the five months. In addition to the normative conditions for reinstatement, the student must also prove:

• That there were exceptional circumstances that prevented filing within the five months, and
• Given those exceptional circumstances, the student filed the request for reinstatement as soon as possible.

Please consult with a DSO in the Center for Global Engagement if your status violation occurred more than five months ago to determine your eligibility for reinstatement.

Reinstatement and Travel

Students should not travel outside the U.S. with a pending reinstatement application, as this will be considered an abandonment of the application. If the student does travel outside the U.S., they will need to reenter on a new, initial attendance Form I-20 and pay the SEVIS fee.

Reinstatement Application Procedure 

Step 1: Request an appointment with a DSO by emailing international@elgin.edu. At this appointment, the DSO will review your eligibility for F-1 reinstatement and will discuss the application process.

Step 2: If you are eligible for reinstatement after meeting with a DSO, you must supply the DSO with all necessary documents to issue a new I-20, including meeting all current admission requirements and submitting updated financial support documents. Upon confirmation that you are eligible for reinstatement, a new I-20 will be issued to you within seven to ten business days.

Copies. You should submit legible photocopies of documents requested, unless the instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during the processing of an application or petition. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no longer needs your original. If you submit original documents when not required or requested by USCIS, your original documents may be immediately destroyed after we receive them.

Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must include the translator’s signature. The Department of Homeland Security (DHS) recommends that the certification contain the translator’s printed name, the signature date, and the translator’s contact information.

Step 3: Prepare your reinstatement application papers. Use the following Reinstatement Document Checklist to help guide you:

• Form I-539, Form I-539A (for dependents,) and Form I-539 filing fee.

The Form I-539 must indicate that the student is applying for reinstatement. Form I-539 has a “Reinstatement to student status” checkbox for this purpose. If filing a paper Form I-539, write the word “REINSTATEMENT” at the top of the form to further distinguish it from other uses of Form I-539. If filing a paper Form I-539: Use the current version of the form; Mail the I-539 and supporting documents to the correct USCIS filing address (see Form I-539 Direct Filing Addresses ); Make file copies of all documents before sending to USCIS; Use a receipt-based mailing option such as certified mail, so that there will be evidence that the documents were received by USCIS.

• Form I-539 filing fee paid by money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

• Reinstatement to F-1 Status Application Form

• Copy of Form I-20 document issued by ECC properly endorsed by the DSO and the student. The I-20 Issue Reason should be listed as “Reinstatement Requested.”

• Write a letter of explanation addressed to USCIS explaining the situation and requesting reinstatement. The letter should state why the student is out of status, the reason for the status violation, the effect on the student of failure to receive reinstatement, a statement that you are currently pursuing or are intending to pursue a full course of study, and specifically request that USCIS reinstate you to F-1 student status.

• Copies of the financial documents you submitted to ECC as evidence of financial support that show adequate funds to cover your tuition, fees, and living expenses. CGE recommends submitting the bank statements for the three most recent months.

• Letter from the DSO recommending reinstatement and verifying your acceptance to ECC.

• Original Form I-94, a copy of the electronic I-94 printout, and the Form I-94 of accompanying F-2 dependents.

• Current transcript and transcripts from other U.S. schools previously attended.

• Proof of enrollment in a full course of study. Include a class schedule for the current/next session and a school transcript.

• Copy of identity pages of the student’s valid passport.

• Copy of most recent F-1 visa.

• Any other documentation that might help establish the nature of the violation, to document that the violation occurred less than 5 months ago, or to justify why it should be accepted even if the violation occurred more than 5 months ago

Step 4: Once you have prepared all the documents listed above, please schedule an individual appointment to meet with the DSO to review your application. Once the DSO has reviewed your application, you need to mail your completed application by Certified Mail, Return Receipt Requested, or by express mail with tracking to USCIS. For the current mailing address and instructions, refer to the I-539 application at www.uscis.gov/i-539.

All applications must be received by mail; in-person applications will not be accepted.  

What Happens Next

Expect to wait several months for a reply from USCIS. If your application is approved, USCIS will send you your I-20 and Form I-797A (reinstatement approval notice). Students are encouraged to keep the I-797 Approval Notice for their records. The bottom half of the I-797 Approval Notice is the I-94. You will be returned to your former F-1 status. Please get in touch with the Center for Global Engagement to arrange a meeting with a DSO after you receive the documents mentioned above. Please bring these documents with you to your appointment with the DSO.

If your request for reinstatement is denied, the Center for Global Engagement recommends that students work with a licensed immigration attorney to explore any remaining options. Please note that there is no grace period allocated when reinstatement is denied, and you must depart the U.S. immediately.

Students working with a licensed immigration attorney to file the reinstatement request should send copies of all documents filed with USCIS to Elgin Community College.