F-1 student reinstatement allows certain international students who have lost their lawful student status to request restoration of their F-1 status without departing the United States. Reinstatement is not automatic. A request must be made to the USCIS and the agency uses its discretion considering specific facts and circumstances in each case.
What is F-1 Student Reinstatement?
Reinstatement is a process through which an F-1 student who violated the terms of student status requests the USCIS to return the student to the lawful F-1 status. This relief is available when the F-1 status violation resulted from circumstances beyond the student’s control, for not fault of the student and the student maintains eligibility for F-1 classification.
Common Reasons Student Fall Out of Status
Falling below full course of study without authorization
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Administrative or advisory errors
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Medical or personal emergencies
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Financial hardship affection enrollment
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Misunderstanding of immigration regulations
Eligibility Considerations for Reinstatement
Agency approval involves consideration of several factors and may include the following:
Status violation was unintentional or beyond the control of the student
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Student has not engaged in repeated or serious violation
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Student is currently enrolled or intends to resume a full course of study
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Student has not engaged in unauthorized employment
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Request is filed within a reasonable period after violation Circumstances when Reinstatement May Not Be Appropriate
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Reinstatement may not be a good idea when there is Unauthorized employment
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Extended period of stay Failure to maintain enrollment without justification
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Multiple or willful violations of student status Foreign national may be able to return with student visa upon brief travel abroad with proper documents.
Impact on Future Immigration Benefits
Reinstatement may affect OPT, STEM OPT, change of status to another visa category or immigration benefit. Reinstatement should therefore be approached very carefully.
Importance of Legal Guidance
F-1 reinstatement cases are time sensitive and fact specific while relief is discretionary. A careful consideration of strategy, timing and documentation is critical in avoiding loss of future immigration benefits and in determining if travel abroad and reentry would be a better alternative.
Frequently Asked Questions
Travel abroad with a pending reinstatement application may result in abandonment of the application.
Processing times vary. There is no specific timeline for such cases.
Reinstatement restores F-1 status. However depending upon the specific facts the agency might still want to consider it.