Current Students

Introduction
Do you think you may have violated some of the immigration rules that apply to your status? Perhaps you did not
take enough credits one semester? Or perhaps your I-20 expired when you did not notice? Maybe you even 
worked without proper authorization. In cases like these you may need to apply for reinstatement. 

Reinstatement is a process in which you apply to U.S. Citizenship and Immigration Services (USCIS) to have 
mistakes cleared away and your student immigration status be restored.  Reinstatement is not something to be
undertaken lightly, as not all students who apply for reinstatement are successful in obtaining it. 

When To Apply For Reinstatement?
You must apply to the USCIS for reinstatement to F-1 student status if you: 

• did not carry a full course of study and did not obtain prior approval from an international student advisor;
• did not attend school during fall or spring semester (unless excused for medical reasons);
• failed to attend the school you were authorized by the immigration service to attend;
• did not notify SEVP of a transfer or change of educational levels in a timely manner;
• remained in the U.S. beyond the time authorized under duration of status and did not apply for extension of stay;
• violated the immigration regulations in any other manner.

Eligibility
To apply for reinstatement, the student:

• Cannot have been out of status for more than 5 months at the time of filing reinstatement
• Does not have a record of repeated or willful violations of USCIS regulations;
• Is currently pursuing, or intending to pursue a full course of study in the immediate future;
• Has not engaged in unauthorized employment;
• Is not deportable on any other grounds; and establishes to the satisfaction of USCIS by a detailed explanation showing either that the violation of status resulted from circumstances beyond the student's control OR 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.

Alternative to Reinstatement: Travel and Re-entry
Students who are not eligible, or who are poor candidates for reinstatement do have an alternative method to regain their student status. The student can obtain a new I-20 marked "Initial Attendance" and use that new I-20 to travel outside and reenter the U.S. This is not the same as reinstatement and does not correct, or wipe out previous mistakes, but does allow a student to regain lawful student status. By this method students are effectively making a new entry to the United States. By making a new entry, they are in effect starting their student status clock all over again. This has implications, in that it means that one has to maintain status for a period of one full academic year after the new entry, before one can regain any eligibility for practical training or other off-campus work authorization. The travel alternative may also be the best method for those students who want to regain status so that they can take up an assistantship or other on-campus employment. For these individuals, the speed of the travel option outweighs applying for conventional reinstatement. For more information, please schedule an appointment with an advisor.

Important Note For Travel Through Canada/Mexico: If your visa is expired and you need to apply for a new visa in Canada or Mexico, you need to be aware of recent changes that make this a risky option. Under new regulations issued in April 2002, if an individual applies for a new US visa at an US Embassy or Consulate in Canada or Mexico, they must wait in Canada or Mexico until the new visa is approved before returning to the US. In addition, if the visa application is denied you will need to travel directly back to your home country to apply for the new visa and cannot pass through the US on your way back home. For these reasons, we are not advising students to apply for visas in Canada or Mexico.

Which Approach to Take?
It depends on the individual circumstances as to which approach to follow. Some of the factors to keep in mind:

1. How close is your date of completion?
2. Do you need to be in F-1 status right away for an assistantship or on-campus employment or because you are an athlete?
3. How strong is your case for reinstatement - in other words was the situation somehow outside of your control, or something you could not have foreseen?

To discuss your situation more fully please schedule an appointment with an ISSS advisor.

---

Reinstatement Application Procedures

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. Request a new I-20 by completing the I-20 Request form.
5. 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're looking for documents to support the claim in your personal letter.
6. Make an appointment with an ISSS advisor. Allow 60-90 minutes for the meeting. Bring your letter, your academic advisor's letter, the completed I-539, the completed I-20 Request, accompanied with proof of finances, all your travel documents, and any supporting documents.
7. After receiving a recommendation from an international student advisor, mail your application to:
   

   USCIS California Service Center
   P.O. Box 10539
   Laguna Niguel, CA  92607-1053 

Click here to download Reinstatement instructions.

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 ISSS 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.