EIU Office of International Students and Scholars

F-1 Reinstatement: A Comprehensive Guide

When an F-1 student fails to maintain their status, they must either depart the U.S. or apply for reinstatement to regain their status. Reinstatement is a process through which a student can restore their F-1 status without having to leave the country. Here’s a detailed explanation of the reinstatement process, the required documentation, and timelines for submission.

Reasons for Losing F-1 Status

An F-1 student might fall out of status for various reasons, including:

• Failure to maintain a full course of study without authorization.
• Unauthorized employment.
• Failure to apply for a timely extension of stay.
• Failure to report a change of address or other critical information to the school or U.S. Citizenship and Immigration Services (USCIS).

Eligibility for Reinstatement

To be eligible for reinstatement, the student must:

• Not have been out of status for more than five months unless they can demonstrate exceptional circumstances.
• Not have a record of repeated or willful violations of USCIS regulations.
• Be currently pursuing or intending to pursue a full course of study at the school listed on their Form I-20.
• Not have engaged in unauthorized employment.
• Not be deportable on any grounds other than overstaying or failing to maintain status.
• Demonstrate that the violation of status resulted from circumstances beyond their control or that failure to reinstate would result in extreme hardship.

Documentation Required for Reinstatement

When applying for reinstatement, the following documents are typically required:

1. Form I-539, Application to Extend/Change Nonimmigrant Status:

   • This is the primary form used to request reinstatement.
   • Detailed instructions are available here: USCIS Form I-539 Instructions.

2. Form I-20, Certificate of Eligibility for Nonimmigrant Student Status:

   • A new Form I-20 from your Designated School Official (DSO) recommending reinstatement.
   • The DSO must sign this form and indicate that you are enrolled or intend to enroll full-time.

3. Letter of Explanation:

   • A personal statement explaining why you fell out of status, how you intend to correct the situation, and why you should be granted reinstatement. This letter should be clear and concise, providing any supporting documentation for your claims.

4. Evidence of Financial Support:

   • Proof that you have sufficient funds to support yourself during your studies, such as bank statements or a sponsor’s affidavit of support.

5. Form I-94, Arrival/Departure Record:

   • A copy of your most recent Form I-94.

6. Copies of All Previous I-20s:

   • Include copies of all your previous Form I-20s issued to you while in F-1 status.

7. Passport:

   • A copy of the identification page of your passport and any pages with U.S. visas or entry stamps.

8. Current Transcripts and Evidence of Enrollment:

   • Official transcripts and proof of current or intended full-time enrollment at the institution listed on your new Form I-20.

9. Reinstatement Fee:

   • The filing fee for Form I-539. Check the current fee on the USCIS Fee Calculator.

10. Supporting Documentation:

    • Any additional documentation that supports your case for reinstatement, such as medical records, evidence of unavoidable circumstances, or letters of recommendation.

Submission Process

1. Complete Form I-539:

   • You can file Form I-539 online or by mail. The USCIS website provides the option to complete and submit the form electronically.

2. Gather All Supporting Documents:

   • Compile all required documents and organize them in the order listed above. Ensure that all forms are signed and dated where required.

3. Submit the Application:

   • If filing online, follow the prompts to upload your documents and pay the fee. If filing by mail, send your application package to the appropriate USCIS lockbox facility or service center. 

4. Receive Confirmation:

   • Once USCIS receives your application, you will get a receipt notice with a case number. Use this number to check your case status online.

Timelines and Processing

• Filing Deadline: Ideally, you should apply for reinstatement as soon as you realize you are out of status. USCIS prefers reinstatement applications to be filed within five months of falling out of status.
• Processing Time: Reinstatement processing times vary, typically taking several months. Check the USCIS Processing Times page for the latest updates.
• Maintaining Status During the Process: While your reinstatement application is pending, you should continue to attend classes and maintain a full course of study. You must avoid any activities that could further jeopardize your status, such as unauthorized employment.

After Reinstatement

• Approval: If your reinstatement is approved, you will receive a new Form I-20 and an updated Form I-94 indicating your reinstated status. Continue to maintain your F-1 status by adhering to the conditions outlined in your new I-20.
• Denial: If your application is denied, you will be required to leave the U.S. immediately. You may also be subject to a bar on re-entry depending on the length of your overstay and the reasons for your status violation.

Additional Resources

• USCIS Form I-539: Form I-539 Application
• Reinstatement Information from ICE: SEVP Reinstatement Guidelines
• General F-1 Student Information: Study in the States

If you have any questions about the reinstatement process or need assistance with your application, please contact your school’s Designated School Official (DSO) or the Office of International Students and Scholars.