|
A foreign student who is out
of F-1 status for a certain period of time may apply for reinstatement
of F-1 status by submitting the following documents:
1.
Form I-539, Application to Extend/Change Nonimmigrant Status;
2. A properly
completed SEVIS Form I-20 indicating the DSO's recommendation for reinstatement
The immigration officer may consider granting
the request if the student:
A. Has not been out of status for more than
5 months at the time of filing the request for reinstatement (or
demonstrates that the failure to file within the 5 month period
was the result of exceptional circumstances and that the student
filed the request for reinstatement as promptly as possible under
these exceptional circumstances);
B. Does not have a record of repeated or willful violations of the
immigration regulations;
C. Is currently pursuing, or intending to pursue, a full course
of study in the immediate future at the school which issued the
Form I-20;
D. Has not engaged in unauthorized employment;
E. Is not deportable on any ground other than section 237(a)(1)(B)
or (C)(i) of the Immigration and Naturalization Act; and
F. Satisfactorily establishes that:
1) The violation of status resulted from circumstances beyond the
student's control. Such circumstances might include serious injury
or illness, closure of the institution, a natural disaster, or inadvertence,
oversight, or neglect on the part of the DSO, but do not include
instances where a pattern of repeated violations or where a willful
failure on the part of the student resulted in the need for
reinstatement; or
2) 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.
If
the USCIS reinstates the student, the Service shall endorse the student's copy of
Form I-20 to indicate the student has been reinstated and return the form to the
student. If the Form I-20 is from a non-SEVIS school, the school copy will be
forwarded to the school. If the Form I-20 is from a SEVIS school, the adjudicating
officer will update SEVIS to reflect the Service's decision. In either case, if
the USCIS does not reinstate the student, the student may NOT appeal that decision.
For more information
on F-1, please click on the following links:
Description
SEVIS
Application for an F-1 Visa
Obtaining an F-1 Status at the port of
entry
Change into F-1 Status in the U.S.
Eligibility for change into
F-1 Status in the U.S.
Maintaining F-1 Status
Change Name and Address
Transfer of School
Time limitation of F-1 Status
Extension of F-1 Status
Grace Period
F-1 Status reinstatement
Optional Practical Training (OPT)
Curricular Practical Training (CPT)
Change from F-1 Status to H-1B
Change from F-1 Status to immigrant
status
Spouse and Children of F-1
Attorney and filing fees
Frequently Asked Questions and Answers
The Impact of I-140 Filing on F-1 Students
Memo: Be Aware of Abandonment of COS and AOS Applications
| 
