Reinstatement To F-1 Status After A Status Violation
The Office of International Education must review all requests for reinstatement to F-1 status. Contact your international student adviser for an application and information about the process. Your advisor will help you decide whether reinstatement is a viable course of action. You must apply to the U.S. Citizenship and Immigration Services (USCIS) for a reinstatement to lawful F-1 status as soon as possible after your record is terminated in SEVIS.
While the reinstatement is in process, you should enroll full-time at our college to show a good faith effort to be a full-time student.
CONSEQUENCES OF REINSTATEMENT DENIAL
It is important to know that a denied reinstatement would have the following effects, as of the date of the denial.
• The visa that the student used to enter the United States is automatically cancelled;
• The student is permanently limited to applying for nonimmigrant visas in the future only in his or her country of citizenship or permanent residence.
• The student will begin accumulating days of "unlawful presence." If the student remains in the United States after the denial for over 180 days, the student will be barred from returning to the United States for three years; if the student remains after the denial for one year of more, the student will be barred from returning to the United States for ten years.
If you do not apply for a reinstatement and continue your studies at our college, you are doing so as an out-of-status student whose F-1 record has been terminated in SEVIS. It is important you understand the consequences of this choice: being contacted by USCIS which could result in deportation, no on-campus employment or optional practical training, and inability to go home and return as an F-1 student until final degree is earned, even in case of illness or death in the family.
ALTERNATIVE TO REINSTATEMENT: TRAVEL AND RE-ENTRY
You may be eligible to regain F-1 status by leaving the United States and reentering with a new Form I-20. Please discuss your situation with an International Student Advisor to determine if you are eligible. Re-entry to the U.S. after a status violation is viewed by USCIS as a new entry in F-1 status. Therefore, a student would be subject to the 9-month waiting period for eligibility for practical training or economic necessity employment authorization.
If you still have a valid F-1 visa in your passport, you can leave the U.S. and re-enter in new F-1 status with a new I-20 for initial attendance.
If you do not have a valid F-1 visa, you can leave the United States, apply for a new visa and return to the U.S. If you have to apply for a new visa you will need the following documentation.
• A valid passport or travel document
• Form I-20
• Verification of financial support
• Official transcript
This is for informational purposes only and does not constitute legal advice. It should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice.