Reinstatement is the process in which you apply to U.S. Citizenship and Immigration Services (USCIS) to have mistakes cleared away and to be restored to your student status. Reinstatement is not something to be taken lightly, as not all students who apply for reinstatement are successful in obtaining it.
Who should apply for reinstatement
Reinstatement is for those individuals who, through no fault of their own or through circumstances beyond their control, have violated the terms of their immigration status. If a student can show that not being reinstated would cause a significant hardship, s/he is eligible for reinstatement.
Not all violations can be corrected through reinstatement. Some violations cannot be corrected or will not be corrected by USCIS. Working without valid employment authorization is a violation that can never be rectified through reinstatement.
A student who has been out of status for more than 5 months is ineligible for reinstatement unless the student can provide a substantial reason for the delay and an explanation of how the student is filing as promptly as possible.
F-1 students and dependents will accrue unlawful presence the day after a violation of status and this may subject them to a 3-year or 10-year bar on returning to the U.S. when they depart the United States. MCC recommends you seek legal counsel before filing this petition.
An Alternative to Reinstatement
Students who are not eligible, or who are poor candidates for reinstatement, have an alternative to regaining their student status. Students who find themselves in this situation have the option of obtaining a new I-20 and then using that new I-20 to travel outside of the U.S. and re-entering. This is not the same as reinstatement but does allow a student to regain lawful student status. By using this method, students have to wait another period of nine months, maintaining status, before they regain any eligibility for practical training or other off-campus work authorization.
A. To Apply for Reinstatement
Prepare the following materials to bring to your appointment with International Student Services:
- If you have been out of status for more than 5 months, you must repay the SEVIS fee. Go to the Student and Exchange Visitor Program (SEVP) SEVIS I-901 for payment instructions
- Letter to USCIS explaining why you are out of status and stating why you are eligible for reinstatement
- Download and complete the USCIS form I-539 Application to Extend/Change Nonimmigrant Status
- The application fee, check or money order payable to USCIS
- Current documentation of financial support (sponsor may need to submit updated bank letter)
- Official academic transcripts from all schools attended in the U.S.
- Copies of your passport and visa information
- I-94 printout
- New I-20 requesting reinstatement
- We recommend you include a copy of the SEVIS fee receipt.
B. To Travel and Reenter
For students who need to travel and reenter, different steps need to be followed.
- Obtain current financial documentation/bank letter from sponsor.
- Request a new SEVIS I-20 for travel and reentry from the International Student Office, circumventing the need for reinstatement.
- Repay the SEVIS fee if you have been out of status for more than 5 months or out of the U.S. for more than 5 months.
- If you still have a valid visa, then you simply need to exit the U.S. and reenter using the new I-20.