F-1 Reinstatement Definition

Reinstatement is an option for an F-1 student who fails to maintain status and wishes to regain status without leaving the U.S. An F-1 student must be in status to be eligible for any benefits such as work permission including practical training, 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. Please consult with an International Student Advisor/DSO. An F-1 student may be considered out of status if he or she:

  • Fails to maintain a full course of study each semester as described in the regulations
  • Fails to apply for a program extension before the expiration date on the I-20 (item #5 on the I-20);
  • Does not follow the proper procedure for reporting a change of program level (IEP to Bachelor's, Master's or Ed.S, OR Bachelor's to Master's or Master's to Ed.S);
  • Does not follow the proper procedure for reporting a school transfer;
  • Does not follow the proper procedure for reporting readmission to the Pittsburg State University

To apply for reinstatement, the student:

  1. Cannot have been out of status for more than 5 months at the time of filing reinstatement (unless the student can demonstrate exceptional circumstances and he/she is filing as promptly as possible);
  2. Does not have a record of repeated or willful violations of USCIS regulations;
  3. Is currently pursuing, or intending to pursue a full course of study in the immediate future;
  4. Has not engaged in unauthorized employment;
  5. Is not deportable on any other grounds; and
  6. Establishes to the satisfaction of USCIS by a detailed explanation showing either that
  7. The violation of status resulted from circumstances beyond the student's control (such as serious injury or illness, closure of PSU, a natural disaster, or a mistake made by the international student advisor)
    OR
  8. The violation relations to a reduction in course load that would have been in the international student advisor's power to authorize, and failure to approve reinstatement would result in extreme hardship to the student.

Forms

Forms can be picked up in IPSO or downloaded from USCIS web site at:
http://www.uscis.gov/files/pressrelease/I129andI539filing_033007.pdf

How To Apply

  1. Write your own letter explaining the circumstances. You will need to briefly explain the violation and outline how you are eligible according to the criteria above.
  2. Obtain a letter from your academic adviser confirming expected completion date and that you are making normal progress toward a degree.
  3. Complete USCIS Form I-539. Since the form was not designed for reinstatement, you will need to write "REINSTATEMENT" in bold letters (perhaps in red ink) across the top of the form as well as in Part 2, item 1.
  4. Assemble supporting documents for your request to be reinstated. These materials will vary from situation to situation but might include such things as your transcript to show your academic record or medical records/letters from a doctor or counselor to confirm a medical condition. You are looking for documents to support what you claim in your personal letter.
  5. Make an appointment with an International Student Advisor at the IPSO. Allow 60-90 minutes for the meeting. Bring your letter, your academic advisor's letter, the completed I-539, your SEVIS I-20 accompanied with proof of finances, passport, visa, I-94 and all your other stamped I-20's, if any.
  6. Current F-1 or J-1 students in the U.S. filing for reinstatement after being out of status more than 5 months or absent from the U.S. more than 5 months, and who are issued an I-20 or DS-2019 for reinstatement that is dated on or after September 1, 2004 will be required to pay a SEVIS FEE in the amount of $100 prior to applying for reinstatement.

  7. After receiving a recommendation from an International Student Advisor & new I-20 from your International Student Advisor, mail your application by certified mail to:

    United States Citizenship and Immigration Service
    9747 NW. Conant Ave.
    Kansas City, MO 64153

Send the following materials, stapled together in the upper left corner:

  1. A personal check or money order for $195.00 made payable to USCIS
  2. Your current I-94 card (not a photocopy)
  3. A completed I-539 clearly marked for "REINSTATEMENT"
  4. Your own letter explaining the circumstances
  5. New SEVIS I-20 (all three pages)
  6. Letter from your DSO
  7. All transcripts to verify continued full-time enrollment
  8. Evidence of financial support (photocopies and faxes are not acceptable)
  9. Photocopies of passport photo/identity page and visa
  10. Photocopy of expiration date page in passport
  11. Additional supportive evidence
  12. Copies of any previous I-20s and/or EADs

As always, it is recommended that you retain copies of all documents sent to and received from the United States Citizenship and Immigration Service. Mail your application in a traceable manner (e.g. certified and return receipt).
If USCIS reinstates you, the I-20 and I-94 will be marked "Reinstatement Approved" and dated. The I-94 card and I-20 will be returned; sometimes to you and sometimes to the IPSO office. If you are not reinstated, you will probably be given a date of voluntary departure by which to leave, the United States (usually within 30 days of notification) and you may not appeal the decision.