Reinstating F-1 student non-immigrant status

An international student holds F-1 status, which is valid while the status holder is studying in the educational institution that issued the Form I-20.  An international student may fall out of legal status and could not afford to travel out of the United States and interfere with course work.  An international student may also fall out of status because tuition fees become unaffordable.  Therefore, it is useful to understand the application to reinstate F-1 student status with USCIS.

There are two ways to reinstate F-1 student status

1. Student may travel outside of the United States and re-enter with an initial attendance I-20
2. Student may apply for reinstatement on Form I-539 with USCIS

In doing so, the student is starting over with their F-1 status with a new I-94.  USCIS recognizes this as a valid method for correcting status.  If the F-1 visa for international student is still valid, he or she may not need to apply for another F-1 visa outside of the United States.  The school must issue the student a new Form I-20 for purpose of readmission into the United States.

International students applying for re-admission must also produce evidence of financial ability to pay for the tuition and living expenses at the port of entry.  It would be useful to bring a letter of good standing from the school as well as any past transcripts and attendance records.

There is a slight disadvantage to re-entering the United States on a valid F-1 visa.  Under immigration law, off-campus employment will become eligible for international students who re-entered after fallen out of status, as they maintain their F-1 status for another year.

F-1 Reinstatement Applicant Must Satisfy the Rules under 8 C.F.R. 214.2(f)(16):

1. Must have not been out of status for more than 5 months at the time of filing the request for reinstatement (or the failure to file within the 5 month period was teh result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances.)
2. Does not have a record of repeated or willful violations of immigration law
3. Is currently pursuing, or intending to pursue a full course of study in the immediate future at the school which issued the Form I-20
4. Has not engaged in unauthorized employment
5. Is not deportable on any ground other than Section 237(a)(1)(B) or (C)(i) of the Act
6. Establish to the satisfaction of USCIS, in detail, showing either that (a) the violation of status resulted from circumstances beyond the student’s control, or (b) the violation relates to a reduction in the student’s course load that would have been with a DSO’s power to authorize, and that the failure to approve reinstatement would result in extreme hardship to the student

F-1 Reinstatement Application Documents

• Applicant’s Statement: A declaration from the applicant explaining eligibility issues and explanations for not maintaining legal status
• Evidence of good attendance record from and fair grades on transcripts
• Evidence of financial ability to pay for tuition and living expenses
• Valid passport, I-94 card and visa
• All previously issued Form I-20′s

Immigration Attorney Assistance with F-1 Reinstatement

To learn more about the F-1 Reinstatement application procedures, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney.  Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week.  Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California.  Free immigration consultation and advice within 24 hours guaranteed.