Immigration Advising

Reinstatement to Legal F-1 Status

Background
A non-immigrant F-1 student who violated the terms of his/her status may be eligible to apply for a reinstatement to F-1 status. According to the Code of Federal Regulations for individuals who have been in the United States in legal F-1 status,  "U.S. Citizenship and Immigration Services (USCIS) may consider reinstating an F-1 student...if the student established to the satisfaction of the Service 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 which 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)(1) of the Act."

Procedures
The DSO (Designated School Official) should first determine whether the student is eligible to file a reinstatement application. If the student is not eligible because of unauthorized employment, the student should be advised that the only way to regain status is through travel out of the U.S. If the student is eligible to file for reinstatement, the following documents must be compiled for the application to USCIS:

• A written letter of explanation to the USCIS. The student should write a explaining why s/he violated the terms of F-1 status.
• Original Form I-20 (student copy) initially issued to the student.
• New Reinstatement Form I-20. 
• Evidence of sufficient financial support. This typically means a new and updated sponsor affidavit and original bank documents which amount to proof of over $16,240 for an academic year at Moraine Valley; include $3,000 more on financial documents for each dependent if on the application with primary.
• A completed USCIS Form I-539.
• $300 fee in the form of a bank check or money order, made out to the Department of Homeland Security.
• Photo copies of these pages from the applicant's valid passport: expiration date, passport number, page with visa, and passport photograph.
• Photocopy of the white Arrival Departure I-94 card (front and back).
• Photocopies of any dependents' I-94 cards if they are included with F-1.
• Copies of any previously issued Form I-20 from previous schools, or other USCIS status documentation (may be useful, depending on the circumstances).
• Important: make a set of photocopies of the entire application for the student's school file and for maintaining appropriate USCIS records. 

Mailing and Processing Reinstatement 

1. Reinstatement applications are mailed to USCIS California Service Center, P.O. Box 10539, Laguna Niguel, CA, 92607-1053. Procedures are subject to change, and chances of approval will vary depending on the circumstances. Students are advised to discuss the application directly with the school DSO. 

2. Mail all documents noted above to the following address: 
   U.S. Citizenship and Immigration Services (USCIS)
   
   USCIS California Service Center
   P.O. Box 10539
   Laguna Niguel, CA, 92607-1053
   

3. The student should generally expect to receive a response from USCIS within one to three months. The student will not receive a letter of receipt when filing a reinstatement application. If the application is approved, the student will receive the original I-20 student copy back with a stamp in the right-hand corner indicating reinstatement to F-1 status approved. If the student is denied, s/he will receive a departure notice, which usually gives the student 30-60 days to depart the U.S.

Legal Status Issues
A student may regain legal F-1 status in one of two ways. S/he may apply to USCIS for a formal reinstatement as explained above, or by traveling outside of the U.S. and re-entering. To regain status by travel, the student must make sure that the border official stamps the I-20 and issues a new I-94 card with the notation "F-1, D/S" and the date of re-entry. The disadvantage of regaining F-1 status is that USCIS does not consider this to be an actual reinstatement. Therefore, the student who regains status by travel must wait nine months before applying for any off-campus employment authorization. Students who make a formal application to USCIS, and are approved, are eligible to apply for off-campus employment authorization immediately upon receiving approval of their reinstatement application, provided they otherwise satisfy the eligibility requirements.