Guidance for Filing an Application for Reinstatement of F-1 Status

 

This guidance is intended to assist individuals who have discussed their intent to file for reinstatement of status with an International Student Advisor.  If you have not yet met with an advisor, please call 316-978-3232 to schedule an appointment.

The following will help guide you through the process of obtaining a Form I-20 for reinstatement, compiling evidence, and completing the Form I-539 Application to Extend/Change Nonimmigrant Status (also used for reinstatement). 

Complex questions should be referred to an experienced immigration attorney. 

 

General Information

Reinstatement is the process of applying to U. S. Citizenship and Immigration Services to (USCIS) to reestablish valid F-1 status. 

USCIS may grant reinstatement of status if the student:

  • Establishes to the satisfaction of the USCIS Director 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 failing to maintain status.

The student must continue to enroll full-time while awaiting a reinstatement decision.  Failure to enroll full-time or submit a reduced course load form will result in cancellation of the reinstatement request by OIE and likely denial of reinstatement by USCIS.

Reinstatement processing time varies greatly: from a few months to over a year.  While reinstatement is pending, the student is not eligible for F-1 benefits (on/off-campus employment, driver’s license).  If you exit the country, USCIS will deny your application resulting in visa cancellation and other possible visa restrictions.  After filing for reinstatement, please contact our office if you need to or are considering leaving the U. S. to discuss withdrawing your application and options for re-entry in F-1 status.

If reinstatement is granted, OIE will register your SEVIS record and issue a “continued attendance” I-20.  If reinstatement is denied, the student must depart the country immediately and may not appeal the decision.

Eligibility:

  • Student must show that the violation of status was due to circumstances beyond their control or that failure to receive reinstatement will result in extreme hardship.
  • Student must have been out of status fewer than five months.  Applications may be filed outside the 5-month window, however, students will have the added requirement of explaining their delay in filing to USCIS and will have to pay the $350 SEVIS fee again.  OIE may decline to support he reinstatement application if the student has been out of status for more than five months.
  • Student must be enrolled or intending to enroll in a full course of study for the next available term and continue to enroll while during the pendency of the application.

How to Apply

The student can apply online by creating an account at www.uscis.gov or by submitting a paper application to USCIS by postal or express mail.  Student with dependents must apply by mail using a paper application.

Prior to submitting their application, the student will need to be recommended for reinstatement by a Designated School Official (DSO) in SEVIS.  All International Student Advisors in OIE are DSOs.  A reinstatement I-20 can be issued once the student has:

  • An active enrollment status with the university.  This will require reactivation for students not enrolled at WSU for more than two years.   Dismissed students must petition for readmission.
  • Cleared any outstanding balances (if money owed from previous term(s);
  • Cleared any student conduct holds;
  • Submitted a Request for I-20 Extension if the status violation was due to the expiration of the I-20;
  • Submitted a Certification of Financial Support and supporting documents (bank statements, etc) showing sufficient funding to cover the estimated average cost of one academic year of study;
  • Submitted a Reinstatement Memorandum of Understanding;
  • Pay the SEVIS fee if applying for reinstatement more than 5 months after status violation.  The $350 fee can be paid at www.fmjfee.com.  Save your receipt as it will need to be uploaded to your online application.
Online Filing

The Office of International Education has prepared a guidebook to help you complete the online Form I-539 for your Reinstatement, which can be found below:

Reinstatement Guidebook 
Paper Filing

If you will be submitting a paper application to USCIS, assemble the following materials and then make an appointment with the International Student Advisor for document review.

  • Completed Form I-539 available at uscis.gov under ‘Forms’. This form should be typed.  The original I-539 should be included with your application packet. Keep a copy for your records.
  • Filing fee of $470 (premium processing is not currently available for reinstatement applications)

    The following forms of payment are accepted by USCIS:
    • Personal check made payable to Department of Homeland Security
    • Money order (recommended) made payable to Department of Homeland Security
    • Form G-1450 Authorization for Credit Card Transactions
  • An explanatory letter outlining the circumstances that caused you to go out of status. You may also explain the hardship you and your family will experience if not granted reinstatement.  If loss of status occurred more than five months ago, be sure to include the reasons for your delay in applying.
  • Two copies of your most recent I-94. Print your I-94 from the CBP website cbp.gov/I94 unless you last entered the U.S. before 4/29/13, in which case you should have a paper I-94 inside your passport. Be sure to copy of both the front and back of the card. Keep the original in your passport.
  • Two copies of your passport biographical information page. If you have renewed your passport during your period in F-1 status, makes copies of both the expired and current passports
  • Two copies of your F-1 visa, even if it is expired. An expired F-1 visa will not affect your reinstatement eligibility.
  • Official WSU Transcript and/or Enrollment Certification, which are issued by the Registrar’s Office. Go to wichita.edu/registrar or visit their office on the first floor of Jardine Hall.  You may also want to consider printing a DegreeWorks evaluation from the student portal.  This evaluation will provide USCIS with an idea of your progress toward your degree.
  • Receipt of payment for I-901 SEVIS Fee (required only if you have been out of status for five months or more). SEVIS fee is $350 as of June 24, 2019.  Payment details can be found at fmjfee.com.  
  • (Optional) Additional documents such as support letters from faculty or academic advisers. If the status violation was due to money problems, explanatory statements from financial sponsors are recommended (What caused the financial difficulties?  What is being done or has been done to resolve problem?)

The advisor will review the documents and help assemble the application packet. The I-20 recommending reinstatement will be issued during the meeting.  If the application packet is incomplete, a second appointment may be required.

Mail application packet to U. S. Citizenship and Immigration Services (USCIS) per the instructions on this page:  Filing Addresses for Form I-539, Application Extend/Change Nonimmigrant Status (expand the section “Nonimmigrants and Their Dependents”)

The purpose of this guidance is to inform students about the process of applying for reinstatement of F-1 status.  The information contained on our website is provided as a service to the international students, faculty, staff, employees, and administrators of Wichita State University, and does not constitute legal advice on any immigration, tax, or other matter.  Our goal is to provide useful information, but we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website or any associated site.  As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Neither Wichita State University nor the Office of International Education (OIE) is responsible for any errors or omissions contained in this website, or for the results obtained from the use of this information.