Instructions and Forms
I. 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 quarter. 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 the U.S. Citizenship and
Immigration Services to have mistakes cleared away and to be restored to your
student immigration status. Reinstatement is not something to be undertaken lightly,
as not all students who apply for reinstatement are successful in obtaining it.
The best strategy is to avoid the need for reinstatement in the first place
by following the immigration rules fully and completely. Sometimes this is not
always easy, so this page will discuss some of the options for regaining the benefits
of your immigration status.
II. 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 ISSS;
you did not attend
school during fall, winter or spring quarter (fall or spring semester for Law
students), unless you were excused for medical reasons;
you failed to attend
the school you were authorized by the immigration service to attend;
you did not notify
USCIS of a transfer or change of educational levels in a timely manner;
you remained in
the US beyond the time authorized under duration of status and did not apply for
extension of stay;
you violated the
immigration regulations in any other manner.
III. Who Should Apply For
Reinstatement?
Reinstatement is for those individuals who, through no fault of their own or
through circumstances beyond their control, have violated the terms of their immigration
status. Alternatively, if a student can show that not being reinstated would cause
a significant hardship, they are eligible to be reinstated.
Not all violations can be corrected through reinstatement though. Some violations
cannot be corrected or will not be corrected by the immigration service. Working
without valid employment authorization is a very serious violation and can never
be rectified through reinstatement. Other, less serious violations, which occurred
intentionally or through inattention are also unlikely to receive reinstatement.
Also, if it has been more than 5 months since you fell out of status, reinstatement
is generally not possible. For students whose violations fall into this category
there is an alternative to reinstatement.
IV. Is There An Alternative
To Reinstatement?
Students who are not eligible, or who are poor candidates, for reinstatement
have an alternative to regaining their student status. Students who find themselves
in this situation have the option of obtaining a new I-20 marked "Initial
Attendance" and then using that new I-20 to travel outside of the US and
reenter. 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 using this method, students are effectively making a new entry to the United
States. By making a new entry, they are in effect starting all over again. This
has implications, in that it means that one has to maintain status for a period
of one full academic year (Fall, Winter, Spring) 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 right for students to be restored to F-1 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 even for people who are excellent candidates for reinstatement.
V. Which Approach Is Right
For Me?
It depends on the individual circumstances as to which approach to follow. To
discuss your situation more fully you are urged to schedule see
an ISSS advisor. 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?
Depending on the answers to these and other questions the approach that you
take may vary. To review the factors carefully and work out an appropriate response,
please come to see an ISSS advisor.
VI. How To Proceed
A. To Apply for Reinstatement
Prepare the following materials (forms are in
.pdf format)  :
Letter to the US Citizenship and Immigration Services (USCIS) explaining
why you are out of status, and stating that you are eligible to apply for reinstatement.
This letter must explain:
a.
Why you are out of status (specify the violation)
b.
The reason why the violation occurred
c.
Why you want reinstatement and the effect on you if you
cannot receive reinstatement
d.
A statement that you are pursuing or are intending
to
pursue a full course of study
Form
I-539
A personal check or money order for $300 fee
Current documentation
of financial support
Transcripts of all
schools attended in the U.S.
Copies of your passport
and visa
Original I-94
Complete a Document
Request Form
Once you have assembled these materials, come to see an ISSS advisor. Once we have met with you
and have received the completed packet of materials we will:
1. Prepare a new I-20 and have you come and sign it.
2. Mail the complete application to the USCIS.
It may take the immigration service 60 to 120 days to decide the case. There
is no formal appeal procedure if reinstatement is denied. Applicants may file
a motion to reconsider with the immigration service within 30 days of the date
on the notice of denial. ISSS will contact
you when your documents are returned. If the application is approved, you are
restored to student status with full credit for previous time spent in status
as it relates to eligibility for practical training. If the application is denied
you will be issued a notice of voluntary departure meaning that you will have
to leave the United States.
B. To Travel and Reenter
For students who need to travel and reenter, different steps need to be followed.
First, assemble the following materials:
1. Current documentation of financial support
2. A Completed Document Request Form requesting a new
I-20 for travel and reentry.
Once you have assembled these materials, come to see an ISSS advisor. Once we have met with you
and have received the completed packet of materials we will:
1. Prepare a new I-20 and have you come and sign it.
If you still have a valid visa, then you simply need to exit the United States
and reenter using the new I-20. It is very important to make sure that your I-20
is stamped by an immigration officer when you reenter the country and that you
receive a new I-94 card. For students who travel by land this is a particular
problem at the border crossings and students need to be sure that they do not
leave the border without getting the necessary stamps and forms. If your visa has expired you will have to obtain a new U.S. visa to re-enter the
United States.
With the travel and reentry strategy, there is the risk that you could be denied
entry into the United States. While uncommon if your papers are all in order (that
is you have a new, signed I-20, valid passport, and valid F-1 visa), this is a
risk to be considered in your calculations. If you will be flying, we recommend
flying into Denver directly so that you clear immigration procedures here in Denver
and if there are any problems they can call ISSS for clarification.
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 that this may be a risky option. Under
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 and scholars to apply for
visas in Canada or Mexico.
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