International Students and Scholars Office - Download as DOC

							International          Reinstatement to F-1 Status
Students and
Scholars Office

3248 Memorial Union    Why would a student seek reinstatement to F-1 status?
www.isso.iastate.edu
                       A student who is no longer in valid F-1 status and has not changed to another status is
515 294-1120           considered “out of status.” Students who are out of status cannot remain legally in the U.S. To
515 294-8263 fax       regain legal student status while in the U.S., a student must request reinstatement to F-1 status
intlserv@iastate.edu   from the United States Citizenship and Immigration Services (USCIS). USCIS makes the
                       determination to approve and reinstate the student into F-1 status; or to deny the application
                       and require the student to leave the U.S. by a certain date.

                       When does a student lose F-1 status?
                       When he or she:
                              has overstayed the authorized period of stay in the U.S. plus any applicable grace
                               period. The authorized period of stay ends immediately upon EITHER completion,
                               termination, interruption, or graduation from a course of study OR the expiration date
                               on the Form I-20, section 5, whichever happens first, or
                              fails to register as a full-time student at the school which issued the Form I-20, or
                              does not complete the immigration transfer procedure if transferring from one U.S.
                               school to another within 15 days of the start date on Form I-20, or
                              enters the U.S. using the Form I-20 from one school and attends another school
                               without following the necessary immigration procedures to facilitate this change, or
                              works without permission or more than the allowed number of hours.

                       What are the consequences of failure to maintain F-1 status?
                       The following privileges are not available to students who are out of status:
                              on- or off-campus work permission including graduate assistantships
                              curricular or optional practical training
                              school transfer
                              change of visa status
                       Ultimately, the student may be subject to deportation from the U.S.

                       How may a student be reinstated to F-1 status?
                       A student may seek reinstatement to F-1 status by submitting an application to USCIS.
                       Application procedures are described in detail on the reverse of this page. The International
                       Student Adviser (ISA) will help with this procedure.

                       Is reinstatement necessary if the student leaves the U.S. and reenters with a new Form I-
                       20?
                       No. The reinstatement procedure is necessary only if the student wishes to reclaim F-1 student
                       status while remaining in the U.S. If the student reenters the U.S. and the immigration official
                       stamps the Form I-20 and I-94 card indicating F-1, the student is then in legal F-1 status upon
                       registering as a full-time student at the school which issued the Form I-20. However, if a
                       student regains F-1 status through travel and reentry, he or she must maintain status for 9
                       months before he/she is eligible for curricular or optional practical training or off-campus work
                       permission.

                       Does “out of status” affect my eligibility to travel outside the U.S. and return?
                       Yes. Before making travel plans, please visit with an ISA to discuss your plans and to learn
                       what documents you will need to return to the U.S.
H:\Handouts\
F1reinstatement.doc
11/23/10
                 Procedures to Apply for Reinstatement to F-1 Student Status

             Please read these procedures and complete the forms before visiting
                          with an International Student Adviser (ISA).

Students who are not in valid F-1 status must apply for reinstatement to regain legal student status.
Students must complete Form I-901 and pay a SEVIS fee. The SEVIS fee must be paid before you
request reinstatement from USCIS. If the fee is not paid, your application will not be processed by
immigration. The Form I-901 is found at www.FMJfee.com. The SEVIS fee is separate from the
reinstatement application fee of $300.

To apply for reinstatement:

1) Write a letter requesting reinstatement to student status, including:
    an explanation of failure to maintain student status,
    plans to pursue a full course of study,
    a statement that failure to receive reinstatement would result in extreme hardship,
    a statement that the student has not been employed without authorization, and
    a statement that the student is not deportable on any other grounds.

2.   Make an appointment with an ISA to request a Form I-20. It takes one week for an I-20 to be
     prepared. Bring to this appointment:
      completed Form I-20 Request Form (pick up in 3248 Memorial Union or download from
         www.isso.iastate.edu/forms/I20request.doc).
      financial documentation that covers tuition, fees and living expenses.

3.   Print and complete Form I-539 from the USCIS web site at: www.uscis.gov/files/form/i-539.pdf

4.    Make a second appointment for ISA to review the following documents:
      form I-539
      form I-20 (pick up from receptionist at front desk in 3248 Memorial Union)
      financial documentation to cover tuition, fees and living expenses
      your reinstatement letter
      your original I-94
      photocopies of all previous I-20s
      photocopies of visa page and passport (picture, number, expiration date)
      cashier check or money order for $290 payable to the U.S. Department of Homeland Security
      your SEVIS fee payment receipt

5.   Student sends all documents listed in step 4 by certified mail and requests a return receipt to:
          USCIS
          P.O. Box 661066                                            Important: You must inform USCIS in
                                                                      writing of any address change while
          Dallas, Texas 75266
                                                                     your application is pending.
Once your reinstatement I-20 is entered into SEVIS, you must submit the Form I-539 and
supporting documentation within 30 days. Failure to submit reinstatement application within 30
days may result in the reinstatement request being denied in SEVIS.
If USCIS approves the request, the Form I-20 and I-94 card will be endorsed to reflect F-1 status. When
you receive the approval from USCIS, make an appointment with an ISA and bring the Form I-20 and I-94
card with you to that appointment. We will then restore your records to F-1 status.
If the application is denied, please see an ISA to discuss your options.

If you have questions, please contact an International Student Advisor.