Reinstatement

Regaining status by filing a reinstatement application with the US Immigration Service:

Reinstatement is an option for an F-1 student who has not maintained status and wishes to regain status without leaving the U.S. It is best to file the petition for reinstatement with USCIS immediately after the violation and within 5 months of termination. If you are academically eligible to continue studying at LSU, LSU can support your reinstatement application. However, depending on the circumstances of the individual case, reinstatement may or may not be the best option. 

You may be eligible for reinstatement if you:

  • Are currently enrolled or intend to enroll for a full-time course load;
  • Can establish that the violation of status resulted from circumstances beyond your control;
  • Have not engaged in unauthorized employment;
  • Have not been out of status for more than 5 months (unless you can show exceptional circumstances beyond your control, such as serious injury or illness, natural disaster, closure of your school, etc.);
  • Can document sufficient financial resources to cover your estimated expenses for at least one academic year;
  • Do not have a history of repeated or willful violations; and
  • Are not deportable from the U.S. on any other grounds.

The following items must be submitted to U.S. Immigration:

  1. Completed and signed Form I-539 (Application to Extend/Change Non-immigrant Status)
  2. Processing fee: U.S. Immigration requires a processing fee of $370. Check or money order should be made payable to U.S. Department of Homeland Security. No cash or temporary checks are accepted.
  3. Financial documentation showing the availability of funds to cover your estimated expenses for at least one academic year. This can be a personal bank statement or an Affidavit of Support Form from family/sponsor(s) with supporting financial documents.
  4. Signed Reinstatement I-20
  5. Your letter addressed to the U.S. Citizenship and Immigration Services requesting reinstatement to proper F-1 student status. It should include the following points:
    1. How the circumstances occurred that led to your violation of status;
    2. How falling out of status was beyond your control and/or failure to be reinstated will lead to undue hardship;
    3. That you are currently enrolled as a full-time student and/or that you intend to pursue a full course of study for the next semester;
    4. That you have not been employed without authorization; and
    5. That you have not violated any other immigration regulations.
  6. Support letter from LSU: It would be very helpful if your college/departmental advisor can write a letter supporting your case or explaining/verifying your situation. This letter should include the following points: 
    1. How the circumstances occurred that led to your violation of status;
    2. How falling out of status was beyond your control;
    3. How failure to be reinstated will lead to undue hardship; and
    4. That you are currently enrolled as a full-time student and intend to pursue a full course of study for the next semester and until graduation.
  7. I-94 Arrival/Departure Record
  8. Copies of your current visa stamp, biographical page of your valid passport, and any previous approval notices from USCIS
  9. All I-20s previously issued to you
  10. Official transcripts from LSU and any other U.S. schools you may have attended
  11. SEVIS fee receipt (only if you have been "out of status" more than 5 months). Visit the linked website for information on this procedure

If you have dependents in the U.S., you must also include them in the application, since a violation of your F-1 status affects your dependent family members as well.

Meet with an international student advisor to review the above documents before submitting to USCIS.

USCIS processing times are highly variable, and approval of a reinstatement of F-1 status can take many months. You should continue to enroll full-time at LSU while the application is pending. You will not, however, be eligible for any type of employment, recertification of your I-20 for reentry to the U.S., or any other student benefit until you have been reinstated.

Results of the Reinstatement Application: 

  • Approved: If your application for reinstatement is approved, you will receive an I-797C Approval Notice in the mail; this document is the only proof that you have been reinstated. Bring the notice and meet with an advisor so that we can properly update your record. At that time, the adviser will issue a Continued Attendance I-20.
  • Denied: If your application for reinstatement is denied, you will probably be given a date of voluntary departure by which to leave the United States (usually within 30 days of notification). Although there is no formal appeal from a denial, you may seek reconsideration through a motion.

Consequences of a Reinstatement Denial:

  • The visa that you used to enter the United States is automatically cancelled;
  • You are permanently limited to applying for non-immigrant visas in the future only in your country of citizenship or permanent residence;
  • You will begin accumulating days of "unlawful presence" If you remain in the United States after the denial.

Whether the application is approved or denied, there is an official record of a violation of status in DHS files. Status violations can have future impact on eligibility for immigration benefits such as adjustment of status.