Reinstatement
What is Reinstatement?
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 or 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 I-20 to regain your status may be a better option. Please consult with an OISS advisor on your options.
Students who file for reinstatement are not eligible for any type of employment including off-campus CPT/OPT or on-campus employment while their application is pending with USCIS.
Eligibility
- You have not been out of status for more than 5 months
- You do not have a record of repeated or willful violations of DHS regulations
- You are currently pursuing a full course of study
- You have not engaged in unauthorized employment
- You have not previously overstayed your time in the U.S. or previously failed to maintain your status
- The violation of your status resulted from circumstances beyond your control
If you do not meet the eligibility requirements above, OISS will not support your application for reinstatement.
How to Apply?
As you are applying to USCIS, OISS will only provide general guidance on the application process and provide you with the reinstatement I-20. OISS strongly suggests that you consult with an outside immigration attorney if you need additional assistance on the process. Before applying for reinstatement, you will need to meet with an OISS advisor.
- Collect your updated financial documents to show that you have at least one year of liquid funds available for the new I-20. Please refer to EMU’s policies on acceptable financial documentation on the International Admissions website
- Write a letter of explanation addressed to USCIS, stating the following: why you are out of status (specify the violation); the reason for the status violation; a statement that you are currently pursuing or is intending to pursue a full course of study; and specifically request that USCIS reinstate your F-1 status
- Receive a Reinstatement I-20 from OISS
- Fill out and submit Form I-539, students should carefully follow the instructions from USCIS when filling out the form
As information regarding the form I-539 can change, students who plan to file for reinstatement should make sure to fully review the information directly from the USCIS website. OISS is not responsible for your application or materials that you send to USCIS.
Application Decision from USCIS
If your application is denied, you will need to leave the U.S. immediately, you also will not have the chance to appeal the decision from USCIS. Your visa will be automatically canceled and no longer valid for entry into the U.S.
A denial can also have long-term effects that may restrict your ability to enter the U.S. If you have accumulated more than 180 days but less than 1 year of unlawful presence you will be barred from returning to the US. for three years. You will be barred for ten years if you have accumulated more than a year of unlawful presence.
If your application is approved, OISS will work on updating your I-20 information in SEVIS to reflect your active record.