Reinstatement for F1 Students

• Reinstatement to F-1 Status
• Eligibility for Reinstatement
• Remaining in the US to Seek Reinstatement versus Traveling Outside the US
• Reinstatement Procedure for Students Remaining in the U.S

Reinstatement to F-1 Status
According to Immigration regulations, students fall out of F-1 status for many reasons.  These are the most common violations:

• Failure to pursue a full course of study at the school last authorized to attend.
• Failure to enroll at SNHU in the first term, which began after leaving a previous school.
• Failure to complete the school transfer procedure with SNHU’s International Student Services office (ISS) within 15 days of the date school began.
• Failure to complete a program update within the grace period time when moving from one program to another at SNHU.
• Failure to apply for and receive an extension of stay prior to the I-20 expiration.
• Unlawful employment.  Please note that this violation of status does not qualify a student for reinstatement.
• Failure to receive permission to reduce your full time course load prior to the start of the term or the withdrawal date.

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Eligibility for Reinstatement

F-1 students are eligible to apply for reinstatement if all the following apply:

1. You have not been out of status for more than 5 months at the time of filing the request for reinstatement or you demonstrate that failure to file within the 5 month period was the result of exceptional circumstances and that you filed the request for reinstatement as promptly as possible under these exceptional circumstances.  Payment of the $200 SEVIS fee will be required prior to applying for reinstatement in this case.  Instructions for paying the SEVIS fee will be stapled to your new I-20 form.
2. You do not have a record of repeated or willful violations of immigration regulations.
3. You are currently pursuing or intend to pursue a full course of study in the immediate future at  the school that issued the I-20 form.
4. You have not engaged in unauthorized employment.
5. You are not deportable on any other grounds.
6. You establish to the immigration office that the violation of status resulted from circumstances beyond your control.  Examples may include:
   1. Serious injury or illness
   2. Closure of the school you were attending
   3. Natural disaster
   4. Inadvertence, oversight or neglect by your International Student Advisor
   5. Or the violation relates to a reduction in your full time course load that would have been within your International Student Advisor’s power to authorize and that failure to receive an approval of reinstatement would result in extreme hardship.

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Remaining in the US to Seek Reinstatement versus Traveling Outside the US

If you have violated your F-1 status and will be staying in the United States, you may choose to file a reinstatement application to your local district United States Citizenship and Immigration Service (USCIS).  If your reinstatement application is approved, then you may continue to stay in the U.S. as an F-1 student for the remainder of your program.  Be sure that you do not repeat any violations of your status, as it is unlikely that a student would be reinstated twice.

In addition to preparing the reinstatement I-20, you also need a letter of support. Your International Student Advisor will make suggestions about how your letter requesting reinstatement could be strengthened and will review the documentation to be sure everything is complete.  The ISS will mail your completed application to the appropriate USCIS office.  A decision by the USCIS typically takes at least two months.  You should attend school full time while waiting for the answer.

If you apply for F-1 student reinstatement and it is denied, there is no appeal process and you will be asked to leave the United States immediately (usually meaning within 30 days of receipt of the denial letter).  This is called "Voluntary Departure".  If you do not depart within the specified time period, a deportation case may be started against you by USCIS.

If you are traveling overseas, you may instead restore your legal F-1 status by re-entering the U.S. legally and presenting to Immigration a new I-20, valid F-1 visa, and your passport.  Payment of a $200 SEVIS fee on the new I-20 will be required prior to your entry to the U.S.  Instructions on paying the SEVIS fee will be included with your new I-20 form.  If your F-1 visa is expired, you will have to apply for and receive a new F-1 visa before returning to the U.S.  However, there is no guarantee that an F-1 visa will be issued to a student who has violated his/her status.  Travel overseas and re-entry to the U.S. restarts your F-1 student status and you must re-fulfill the requirements for work authorizations, such as Optional Practical Training, by completing one full academic year of study before being eligible.

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Reinstatement Procedure for Students Remaining in the U.S.

1. Obtain a new I-20 from International Student Services (ISS) at SNHU.  Submit a current financial statement, use the form on the last page of this handout to confirm your addresses in the US and at home, and ask your academic advisor to complete the confirmation of student data for reinstatement form (PDF 33 kb.)
2. Prepare the following to be mailed to the USCIS.  The ISS staff will assist you with the copies and will mail the application for you.
   
3. • All three pages of your new I-20 and copies of all previous I-20s.
   • Completed Form I-539.  This is the Application to Extend Status/Change Nonimmigrant Status.  In Part 2, check box 1(c) “reinstatement to F-1 status” and in Part 4 answer “yes” to 3(e).  Print “REINSTATEMENT” at the top of page 1 in red ink in block letters.  You may obtain this form online at http://www.uscis.gov/
   • $300 filing fee; make a check or money order payable to: US Department of Homeland Security.  Do not abbreviate.  Do not send cash. 
   • Make sure your name and current address  appear on the check or money order.
   • Original form I-94 for student and any F-2 dependents included in the application.
   • Current financial evidence (original is preferable, but you may send a copy or fax).
   • Letter from you (see sample)
   • Copy of passport information page, expiration date and visa page.
   • Support letter from SNHU’s International Student Services office.
   • Proof of current registration and proof of payment of your tuition/fees
   • Proof of paying the $200 SEVIS fee if you have been out of status >5 months.
   • Any other proof as it relates to your violation of status.

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