Reinstatement is an option for an F-1 student who fails to maintain status and wishes to regain status without leaving the United States. F-1 students who fail to maintain status are not eligible for benefits such as work permission, program extension, school transfer, and adjustment of status.
Depending on the circumstances of the individual's case, reinstatement may or may not be the best option. Traveling outside the United States and re-entering with an Initial Attendance I-20 (from the EMU Office of International Admissions) to regain your status may be a better option. Please consult with an OISS advisor on your options.
To be eligible to apply for reinstatement, the student:
1. Collect application materials. Use the following as a checklist to ensure you have the proper documentation for your reinstatement application.
2. Make an appointment with an OISS advisor. Allow 60 minutes for the meeting. Bring all the documents named above to the appointment, along with your immigration documents (I-20s, passport, visa, and I-94 card) for both you and all dependants. The OISS will review your documents and issue you a Reinstatement I-20.
3. Mail the application. After receiving a new I-20 from the OISS (step 2), mail your application to the following address. Be sure to make a copy of your application prior to mailing.
For U.S. Postal Service deliveries:
P.O. Box 660166
Dallas, TX 75266
For Express mail and commercial courier deliveries:
2501 S. State Highway 121 Business Ste 400
Lewisville, TX 75067
Whether your application is approved or denied, an official record of your status violation will be in your SEVIS record. Status violations can have future impact on eligibility for immigration benefits such as Adjustment of Status.
If the application is approved, USCIS will email the OISS notifying us of your approval. We will email you to inform you of the approval. USCIS will also mail an approval notice to the mailing address listed on your I-539. Contact the OISS when you receive your approval notice and submit a copy to us via in person, email or fax. F-2 dependent status is automatically reinstated with the reinstatement of the F-1 student.
If the application is denied, USCIS will email the OISS notifying us of your denial. We will email you to inform you of the denial. Denials cannot be appealed, although a motion to reopen or be reconsidered may be filled if warranted. We suggest you contact an immigration lawyer if you would like to request reconsideration.
Reinstatement denial has the following effects as of the date of the denial:
Students who are not eligible, or who are poor candidates for reinstatement, do have an alternative method to regain their student status. The student can obtain a new I-20 marked "Initial Attendance" from the Office of International Admissions and use that new I-20 to travel outside and reenter the United States. You are subject to paying a new SEVIS fee and obtaining a new F-1 visa with your new SEVIS number listed.
This is not the same as reinstatement and does not cancel your status violation. By this method, students are making a new entry to the United States. In making a new entry, they are in effect starting their student status clock all over again. This means that one has to maintain status for a period of one full academic year after the new entry before being eligible for practical training or other off-campus work authorization.