• Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances).
• Does not have a record of repeated or willful violations of Service regulations;
• 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;
• Has not engaged in unauthorized employment; and
• Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act; and
• Establishes to the satisfaction of the Service by a detailed showing, either that:
• The violation of status resulted from circumstances beyond the student’s control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster; or
• The violation related to a reduction in the student’s course load that would have been within a DSO’s power to authorize and that failure to approve reinstatement would result in extreme hardship to the student.

Students who are out of status:

• Are not eligible to work.
• May be contacted by Homeland Security agents.
• May be subject to deportation.
• Are not prohibited from enrolling due to their immigration status

• You are in the United States and have violated your F-1 status due to circumstances beyond your control (i.e. serious illness, failure to file a program extension in time, or for a failure to apply in a timely fashion for a reduced course load authorization.)
• The violation did not occur more than five months ago.
• You have not engaged in unauthorized employment.

USCIS officials have the discretion to determine if a student warrants reinstatement even if the violation occurred more than five months ago.

If you have been out of status for more than 5 months, you must submit proof that you have paid the $350 SEVIS Fee. You may also be required to pay the fee again.

• Reinstatement Request Statement of Understanding
• Affidavit of Support form.
• Current financial support documentation to cover tuition and living expenses.

• Reinstatement Request Statement of Understanding
• Attach an acceptance letter. You will need to reapply for admission.
• Affidavit of Support form.
• Current financial support documentation to cover tuition and living expenses.

1. Form I-539 should be completed and printed unless you are filing online.
2. A letter to the USCIS requesting reinstatement. Reinstatement Letter Sample It needs to explain why you fell out of status and why the circumstances were beyond your control.  It should include the following:
   • You are currently pursuing a full course of study.
   • You have not worked without authorization.
   • You are not deportable on any grounds except failure to maintain your student status.
   • Going out of status was beyond your control and the failure to receive reinstatement to lawful F-1 status would result in extreme hardship to you.
3. Money order or bank check payable to Department of Homeland of Security for $350.00 to pay for the SEVIS I-901 fee, if required, and print the receipt.
4. Proof of financial support. This can include bank letters or statements. A letter from your sponsor is also helpful.
5. Original I-94 card
6. Copies of your passport and visa
7. Copies of all of your I-20s previously issued to you. If you have been issued an EAD card include copies of the front and back of the card.
8. Copy of your new Reinstatement I-20.
9. DSO Letter- This will be written during your advisor appointment.
10. If you have F2 dependents, you must also include them in the application since a violation of your F-1 status affects your dependent family members as well.

USCIS Dallas Lockbox

For U.S. Postal Service (USPS):

• USCIS
  P.O. Box 660166
  Dallas, TX 75266

For FedEx, UPS, and DHL deliveries:

• USCIS
  ATTN: I-539
  2501 S. State Highway 121 Business
  Suite 400
  Lewisville, TX 75067

1. Assemble the required documents and mail to USCIS. USCIS must receive the application within 30 days of the Reinstatement I-20 issue date.
2. USCIS will mail a receipt 2-3 weeks after receiving your application. ISSO staff will send an email to your SAU email address when the receipt is received if you use our address.
3. Continue to enroll as a full-time student while you wait for the USCIS decision. You must not leave the U.S. while the petition is pending or your request could be canceled by USCIS.
4. USCIS may send a Request for Evidence (RFE) during the process. An RFE is a letter detailing documentation USCIS needs to review your case.
5. USCIS processing times vary widely. Common wait time is 9 to 12 months after submission. ISSO staff will send an email to your SAU email address when USCIS makes a decision, but they will also send a letter detailing their decision.

Once your petition is approved you will need to set an appointment to come to the ISS to receive your new I-20.  Once your reinstatement has been approved:

• you may start/resume on-campus employment.
• If you have been full-time enrolled at least one academic year prior to the violation you are eligible for CPT.

A denial of an application for reinstatement cannot be appealed, although a motion to reopen or reconsider may be filed if warranted.  But this is usually only an option if new evidence is available or the denial is based on wrong information.

Reinstatement denial has several important consequences:

• The visa that the student used to enter the United States is automatically canceled;
• 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 (or resume) accumulating days of “unlawful presence”.  Please read our section below about unlawful presence.
  • If the student departs the United States after accumulating more than 180 days of unlawful presence, he or she will be barred from returning to the United States for three years
  • If the student departs the United States after accumulating more than one year of unlawful presence, he or she will be barred from returning to the United States for ten years.

• No academic or financial holds preventing you from enrolling if you wish to return to SAU.
• Can show sufficient proof of funds to obtain a new Form I-20.
• You are not inadmissible for any other reason, such as a criminal conviction.

1. Consult an ISS advisor before starting this process.
2. Receive your new I-20, it may be best to depart the US before receiving your I-20. Your new I-20 can be mailed to you.  Once you receive your I-20 you are basically starting your F1 visa process over again.
   200. Pay the $350.00 I-901 SEVIS fee, fmjfee.com
   201. Make an appointment at a U.S. consulate or embassy. Take the regular supporting documents you would usually take with you to a visa appointment.
3. If approved, re-enter the U.S. in a new F-1 status within 30 days of the program start date.
   1. Make sure you reenter using your new I-20 and visa.
   2. Request to have it stamped at the port of entry.
4. When you arrive back at SAU, you must set an appointment with our office
   1. Bring your new stamped I-20 and F-1 visa

F1 students who did not maintain their status before August 9, 2018, are considered unlawfully present in the country starting August 9, 2018, unless the individual had already started accruing unlawful presence under the prior policy.

Individuals in F, J, or M status who failed to maintain their status on or after August 9, 2018, will also start building up unlawful presence on the earliest of any of the following:

• The day after they no longer pursue the course of study, the authorized activity, or the day after they engage in an unauthorized activity;
• The day after completing the course of study or program, including any authorized practical training plus any authorized grace period.

The counting of unlawful presence is “tolled” (suspended) while the application is pending, i.e., between the date the application was filed and the date USCIS adjudicates it.

• Reinstatement Approved: If USCIS approves reinstatement, the entire count of unlawful presence arising from the status violation that was the subject of the reinstatement application is “erased”.
• Reinstatement Denied: If USCIS denies an application for reinstatement that was filed within 5 months of the status violation, the count of unlawful presence will resume the day after the application is denied. The count will continue until the individual departs the US.

• Reinstatement Approved: If USCIS approves reinstatement, the entire count of unlawful presence arising from the status violation that was the subject of the reinstatement application is “erased”.
• Reinstatement Denied: If USCIS denies an application for reinstatement that was filed more than 5 months after the status violation, unlawful presence is not tolled while the reinstatement application is pending, and unlawful presence will be calculated from the day after the status violation, not the day after the reinstatement denial.