As I explained in so many articles across SEVIS SAVVY, international students must be aware of and follow immigration regulations. If not, chances are international students would go out of status.

Related blog post: International students, be aware not to go “out of status”

But what if it was beyond the student’s control to maintain the status? Or the student followed the process but went out of status due to miscommunication between the DSO (Designated School Officials, commonly referred to as an International Student Advisor) and the student or simply due to negligence of the DSO at their universities.

In these cases, F-1 visa-holder international students may file a reinstatement application to USCIS which will adjudicate to confirm if they grant to “reinstate” international students’ status.

USCIS may consider reinstating a student who makes a request for reinstatement on Form I-539, Application to Extend/Change Nonimmigrant Status, accompanied by a properly completed Form I-20 or successor form indicating the DSO’s recommendation for reinstatement.

8 CFR 214.2(f)(16)

When it comes to the reinstatement application, it is important to note that when the request is denied, the student cannot appeal and he/she must depart the U.S.

Therefore, any international student who plans to apply for reinstatement is advised to be familiar with the process to increase the chance to get approved and reinstate their status.

In this post, all about the reinstatement from the eligibility to required documents, costs and approval/denial will be covered.

Contents

• Reinstatement eligibility
• Required documents
• Reinstatement costs
• Can I study while reinstatement is pending?
• Next steps for reinstatement-approved F-1 visa students
• What if the reinstatement request is denied?

Reinstatement eligibility

USCIS may grant the reinstatement request if the student…

• has not been out of status for more than 5 months prior to the reinstatement application submission
  • If it has been more than 5 months, the reinstatement applicant must establish that there were exceptional circumstances that prevented the student from filing the reinstatement within 5 months)
• does not have a record of repeated or willful violations
• did not willfully fail to maintain the status
• is pursuing a full course of study
  • or will in the next available term
• has not engaged in unauthorized employment
• is not “deportable on any grounds” other than the violation for which reinstatement is being requested
• violated to maintain the status due to…
  • circumstances beyond the student’s control such as “serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO“; OR
  • “the violation relates to a reduction in the student’s course load that would have been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.”

Required documents

Based on the Form I-539 instructions, reinstatement applicants must submit the following documents:

• Form I-539, Application to Extend/Change Nonimmigrant Status indicating the application is for reinstatement to student status
  • If the student is filing a paper Form I-539, it is advised to write “REINSTATEMENT” in red ink at the top of the form.
  • If F-1 visa holder has dependents on F-2 visa status, Form I-539A must be completed to restore the dependents’ F-2 status
• Form I-20 or successor form indicating the DSO’s recommendation for reinstatement
  • The I-20 should show the notation “reinstatement requested“
  • Reinstatement applicant must sign on page 1 of I-20 under the STUDENT ATTESTATION with a pen
• A letter of explanation addressed to USCIS that establishes:
  • that the student went out of status due to circumstances beyond the student’s control; or
  • that the reduced course load could have been authorized within the DSO’s power
    • In this case, the student is advised to establish the nature of the extreme hardship the student would face if the reinstatement were not granted.
• Financial documents
• Form I-94: Click here to learn how to retrieve Form I-94 online
  • If an F-1 international student has dependents, I-94 records of F-2 dependents need to be submitted as well
• Proof of enrollment: Most American colleges and universities allow current students to download the enrollment certificate online. If the student cannot retrieve the proof of enrollment, they may submit the class schedule for this/future terms.
• Transcripts: Since some reinstatement petitioners were asked to provide the transcript, it is recommended to submit one when you file the reinstatement application.
• Proof of payment of the SEVIS I-901 fee if the student has been out of status for more than 5 months. To learn more about the 5-month rule, please click here.
• (Optional) A letter from the DSO recommending reinstatement can be helpful

How much would it cost for successful reinstatement?

There are several payments that F-1 international students who plan to apply for reinstatement should keep in mind:

• Form I-539 filing fee (The fee may increase in the future, please check out USCIS’s Form I-539 webpage to confirm the filing fee)
  • Paper filing fee: $470 which is effective from April 1, 2024
  • Online filing fee: $420 which is effective from April 1, 2024
• Form I-539A for dependents
• Biometric services fee ($85 as of April 2024)
  • Biometric fees need to be paid for each dependent
• SEVIS I-901 fee ($350 as of April 2024) if the student has been out of status for more than 5 months

Can I study while reinstatement is pending?

Per regulation 8 CFR 214.2(f)(9)(ii)(A), here is the list of DOs and DON’Ts for reinstatement applicants:

• DOs:
  • Continuing a full-time program of study at the school
• DON’Ts:
  • Traveling outside the United States
    • If the reinstatement petitioner does travel internationally, the pending application will be considered abandoned.
  • Working on or off-campus
  • Applying for CPT and OPT

The regulation clearly states that “Out-of-status students are not eligible to apply for any student-related benefits while the reinstatement is pending.”

Next steps for reinstatement-approved F-1 visa students

When USCIS approves the reinstatement application, F-1 visa holders whose visa status is successfully reinstated should work with DSO to have an “active” immigration record.

Based on the program start date on Form I-20 and USCIS approval date for reinstatement, students and DSO should ensure the following:

• The program start date on I-20 is in the future
  • the student’s SEVIS record will be in “Initial” status. Within 30 days from the program start date, the DSO will need to register the student to change the record to “Active” status.
• The program start date on I-20 is in the past
  • the student’s SEVIS record will be in “Active” status. The DSO needs to register the student within 30 days.

When the USCIS approves the student’s request to be reinstated, the SEVIS record should be updated accordingly. If the student’s SEVIS record is not updated to “initial” or “active,” the DSO will have to submit the correction request with proof like the reinstatement approval notice.

What if the reinstatement request is denied?

The consequences of the denial may seem a little scary:

• The student’s SEVIS record will be in either terminated or completed status
• The student’s F-1 visa will be canceled
• The student is permanently limited to applying for nonimmigrant visas like F-1 visas in the future
• The student will begin/ or resume accumulating days of “unlawful presence.”
  • “If the student departs the United States after accumulating more than 180 days but less than one year of unlawful presence (i.e. 181-364 days), he or she will be barred from returning to the United States for three years;
  • If the student departs the United States after accumulating one year or more of unlawful presence (i.e., 365 days or more), he or she will be barred from returning to the United States for ten years.”

Given the consequences in mind, international students who cannot establish a strong case are encouraged to seek alternative options. One of the ways will be leaving the U.S., getting the New I-20, and re-entering the U.S. with a new I-20.

While it does not wipe out the “out of status” record, international students can regain the status to legally study and stay in the United States. To learn more, refer to the following related blog post:

Related blog post: My SEVIS record is terminated, can I transfer to a new school?

As you can see applying for the reinstatement requires hundreds of dollars, various documents, and lots of communications with your school. Therefore, please educate yourself with important immigration rules as an F-1 visa holder.

Details about F-1 visa rules can be found on the F-1 visa page.