Reinstatement Guide

Guidance for Filing an Application for Reinstatement of F-1 Status

This guidance is intended to assist individuals who have discussed their intent to file for reinstatement of status with an International Student Advisor.  If you have not yet met with an advisor, please call 316-978-3232 to schedule an appointment.

The following will help guide you through the process of obtaining a Form I-20 for reinstatement, compiling evidence, and completing the Form I-539 Application to Extend/Change Nonimmigrant Status (also used for reinstatement). 

Complex questions should be referred to an experienced immigration attorney. 

General Information

Reinstatement is the process of applying to U. S. Citizenship and Immigration Services to (USCIS) to reestablish valid F-1 status. 

USCIS may grant reinstatement of status if the student:

• Establishes to the satisfaction of the USCIS Director that the violation of status resulted from circumstances beyond the student’s control or that failure to receive reinstatement to lawful F-1 status would result in extreme hardship to the student;
• Is currently pursuing, or intending to pursue, a full course of study at the school which issued the Form I-20;
• Has not engaged in unauthorized employment; and
• Is not deportable on any ground other than failing to maintain status.

The student must continue to enroll full-time while awaiting a reinstatement decision.  Failure to enroll full-time or submit a reduced course load form will result in cancellation of the reinstatement request by OIE and likely denial of reinstatement by USCIS.

Reinstatement processing time varies greatly: from a few months to over a year.  While reinstatement is pending, the student is not eligible for F-1 benefits (on/off-campus employment, driver’s license).  If you exit the country, USCIS will deny your application resulting in visa cancellation and other possible visa restrictions.  After filing for reinstatement, please contact our office if you need to or are considering leaving the U. S. to discuss withdrawing your application and options for re-entry in F-1 status.

If reinstatement is granted, OIE will register your SEVIS record and issue a “continued attendance” I-20.  If reinstatement is denied, the student must depart the country immediately and may not appeal the decision.

Eligibility:

• Student must show that the violation of status was due to circumstances beyond their control or that failure to receive reinstatement will result in extreme hardship.
• Student must have been out of status fewer than five months.  Applications may be filed outside the 5-month window, however, students will have the added requirement of explaining their delay in filing to USCIS and will have to pay the $350 SEVIS fee again.  OIE may decline to support he reinstatement application if the student has been out of status for more than five months.
• Student must be enrolled or intending to enroll in a full course of study for the next available term and continue to enroll while during the pendency of the application.

How to Apply

The student can apply online by creating an account at www.uscis.gov or by submitting a paper application to USCIS by postal or express mail.  Student with dependents must apply by mail using a paper application.

Prior to submitting their application, the student will need to be recommended for reinstatement by a Designated School Official (DSO) in SEVIS.  All International Student Advisors in OIE are DSOs.  A reinstatement I-20 can be issued once the student has:

• An active enrollment status with the university.  This will require reactivation for students not enrolled at WSU for more than two years.   Dismissed students must petition for readmission.
• Cleared any outstanding balances (if money owed from previous term(s);
• Cleared any student conduct holds;
• Submitted a Request for I-20 Extension if the status violation was due to the expiration of the I-20;
• Submitted a Certification of Financial Support and supporting documents (bank statements, etc) showing sufficient funding to cover the estimated average cost of one academic year of study;
• Submitted a Reinstatement Memorandum of Understanding form (will be provided by an International Student Advisor)
• Pay the SEVIS fee if applying for reinstatement more than 5 months after status violation.  The $350 fee can be paid at www.fmjfee.com.  Save your receipt as it will need to be uploaded to your online application.

The purpose of this guidance is to inform students about the process of applying for reinstatement of F-1 status.  The information contained on our website is provided as a service to the international students, faculty, staff, employees, and administrators of Wichita State University, and does not constitute legal advice on any immigration, tax, or other matter.  Our goal is to provide useful information, but we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website or any associated site.  As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Neither Wichita State University nor the Office of International Education (OIE) is responsible for any errors or omissions contained in this website, or for the results obtained from the use of this information.