If you have violated your F-1 or M-1 student status – even if you haven’t been caught at it -- you may want to step up and apply for “reinstatement.” If your request for reinstatement is approved, USCIS will officially recognize that you have gotten back your student status (and are no longer accruing unlawful time) as of the date your reinstatement is approved.
Common forms of violating one’s status include dropping out of school or enrolling part-time without requesting a reduced course load from a DSO. Working without authorization is another common form of violating student status, but reinstatement is not available in this situation.
The process of applying for reinstatement is the same for F-1 and M-1 visa holders. You will need to work with your DSO to assemble certain forms, attach some supporting paperwork, and mail it all to a USCIS office, as described below.
Acting in a timely manner is important here: You will need to get an answer from USCIS before the expected completion date on your Form I-20 has passed. Otherwise, and even if the delay was not your fault, you will have reapply for a student visa the next time you are in your home country. When you send in your application, include a cover letter making clear what date you need a decision by.
The Reinstatement Application Forms
You need to fill out only one form to apply for reinstatement, USCIS Form I-539, together with a supplemental sheet if you have family members with you in the United States. Your DSO, however, will also need to issue a new Form I-20 authorizing reinstatement.
When you’ve got a copy of Form I-539 in hand, follow our line-by-line instructions for filling it out.
First, to avoid confusion, write “REINSTATEMENT” in large letters, preferably in red ink, at the top of the form.
Part 1. Information About You
This section is mostly self-explanatory. You will probably not have a Social Security number unless you formerly had a visa or status that allowed you to work. If you don’t have a number, enter “None.”
You will have an A-number (an eight- or nine-digit number following the letter “A” for Alien) only if you have been in deportation or removal proceedings or submitted certain immigration applications, particularly for permanent residence. If you were in court proceedings or had any applications denied, especially for a reason such as fraud, see a lawyer.
Your I-94 number may appear on the small white card that you received at the border. If you entered the U.S. after April 2013, you may have not received a paper I-94. If this is the case, you can instead download that information from the Customs & Border Protection website.
For “Current Nonimmigrant status,” write “Out of Status Student.” Your “expiration date” will be on Form I-94, and may just be “Duration of Status” (D/S).
Part 2: Application Type
Question 1: Check box 1c and write “reinstatement” on the line next to it.
Question 2: This is where you make sure your family members get included in your application. If you want them to have visa status after your reinstatement, check box 2b. The number you should enter is the total number of family members plus you.
Part 3: Processing Information:
Question 1: Answer this question even though it seems to mention only extensions. Enter the program end date on your latest I-20 form.
Questions 2 to 4: Answer No.
Part 4. Additional Information
Questions 1 and 2: Self-explanatory questions based on the information in your passport and calling for your overseas address.
When does your passport expire? If the expiration date in your passport is within the next six months or less, you should have it renewed. You can usually do this at a consulate of your home country in the United States. If there isn’t a consulate in the city where you’re living, you can locate one in the phone books for Washington, D.C., Los Angeles, San Francisco or Chicago, or by looking on the State Department’s website, on its “Websites of U.S. Embassies, Consulates, and Diplomatic Missions” page.
Question 3: These questions are designed to see whether you are inadmissible. Think carefully before entering your answers and make sure you understand all the details. If you aren't sure what the question is asking, or if you have to answer yes to any of the questions and there is no other solution, you’ll need to see a lawyer.
Question 3a: If you (or any members of your family) have submitted an application for an immigrant visa, which shows that you’re seeking a green card, USCIS will probably conclude that you have no intention of returning home after your student stay. Your application may therefore be denied. There isn’t a solution for this, and hiding the other application is impossible.
Question 3b: This is similar to the question above except that instead of referring to an application that you filed yourself, it asks whether someone else has filed a petition to start the process of you permanently immigrating to the United States. Some petitions will only place you on a waiting list that will last many years before you see an immigrant visa. Nevertheless, USCIS will likely deny your application if your answer to this question is Yes.
Question 3c: See advice for question 3a. Form I-485 is simply the U.S. version of a green card application.
Question 3d1: If you were simply arrested and not charged (for example, the police picked up the wrong person), you are safe entering “Yes” here and attaching a written explanation and a copy of the police report. But for any more serious arrests, you must consult a lawyer before going any farther. Most convictions will make you inadmissible to the United States.
Questions 3d2-3d4: If you answer yes to any of these questions, you will need to see an attorney. These situations are not easily explained and are likely to result in a finding of inadmissibility.
Question 3e: If you have violated your status you will have to apply for reinstatement along with applying for an extension.
Question 3f: If you are now in removal proceedings (formerly known as exclusion or deportation proceedings), see a lawyer. It’s likely that your immigration status is completely in the hands of the court, which would mean the USCIS administrative office will have no power to act on your application.
Question 3g: If you have been employed, this is no problem so long as it was within the conditions of your student status and, if required, specifically authorized by USCIS. Attach a photocopy of both sides of your work permit (EAD) if you had one and explain your employment in "Part 4 Additional Information." If you answer “No” to this question, you have to explain how you are supporting yourself in "Part 4 Additional Information."
Question 3h: If you were ever in J-1 or J-2 status, you will need to provide copies of your DS-2019 forms with your application.
Part 5. Signature and statement that you understand English
Part 6. Interpreter's Statement
If an interpreter helped you fill out this application, that person must complete this section.
Part 7. Signature of person preparing form if other than above
This is where a lawyer or legal assistant would sign. If you simply had some typing help, the person does not need to sign.
Line-by-Line Instructions for Form I-539 Supplement
Form I-539 Supp. is a one-page, single-sided form. You’ll need to use it only if you have a foreign-born spouse and/or children staying with you in F-2 or M-2 status. The form has repeating blocks for information about your spouse and children. Most of it is self-explanatory.
Under Date of Arrival, put the person’s most recent arrival into the United States (many people mistakenly put their first arrival). The spouse or children’s Current nonimmigrant status is either F-2 overstay or M-2 overstay. “Expires on” refers to the date their status expires, which will be on Form I-94 and may just be “Duration of Status” (D/S). When you enter the expiration date of the family member’s passport, make sure that it is at least six months into the future. If not, get the passport renewed. However, if waiting for the renewal will cause problems for this application, simply submit this application, write in the existing passport expiration date and then add “renewal pending.”
Documents You Will Need for Reinstatement Application
In addition to the forms described above, you’ll need to submit some documents and other items with your reinstatement application. These include:
- your I-94 card (original, for you and any family members) OR if you entered after Form I-94 was automated, a printout of your online I-94
- copy of your passport identification page
- a fee ($290 as of early 2013, but double check this on the USCIS website at www.uscis.gov). Pay in check or money order, payable to the Department of Homeland Security. Do not send cash.
- proof of your continued ability to pay your tuition, fees, and living expenses (recommended, but not required); this will be the same type of financial information that you provided to get your visa in the first place
- your own statement explaining why you need and deserve to be reinstated, including:
- what circumstances caused you to fall out of status
- exactly how those circumstances were beyond your control or why not being reinstated would cause you extreme hardship
- that you are not deportable for any reason other than your violation of student status
- that you are currently pursuing, or are intending to pursue a full course of study
- that you haven’t been employed without authorization, and
- a specific request for USCIS to reinstate you to student status
If you have been out of status for more than five months, you have to pay a new SEVIS fee and include proof of payment with your application.
Your DSO may choose to write a letter of support to include with your application. Ask your DSO to do this if the reason for falling out of status could have been prevented by the DSO.
Submitting Your Reinstatement Application
When you have put your reinstatement application together, submit it to USCIS at the address on its instruction page for Form I-539. You may also submit it online through USCIS' Electronic Immigration system. Make a complete copy of the entire submission for your records.
Approval or Denial of Your Reinstatement
Once your reinstatement is approved, USCIS will return your Form I-20 with written entries (“endorsements”) to show your reinstatement. It will also send word to your school.
Note that your pre-violation student time still counts to your benefit. If you will be applying for any benefits that require you to add up how much time you have been a student -- such as a practical training work permit that requires one academic year of F-1 student status -- you can count the months before you violated your status as well as the months after you were reinstated. The months in between, however, don’t count.
If your reinstatement is denied, you have no right to appeal the denial. However, if you acquire some new evidence showing why you shouldn’t have been denied, you can ask USCIS to reopen the decision ---- but get the help of a lawyer for this, and act quickly. After a denial, you will probably receive a Notice to Appear in court (NTA) placing you in removal proceedings. At the conclusion of these proceedings the judge could order you deported.