International Student Services

Reinstatement of F-1 Status

What is "reinstatement?"

An F-1 student who has overstayed his or her authorized period of stay or has otherwise failed to maintain F-1 student status may be reinstated to lawful F-1 status at the discretion of an Immigration and Naturalization Service (INS) District Director.  This means their F-1 status is restored and they may continue to go to school in the United States without being asked to leave the country.

Criteria for Reinstatement

The INS director may reinstate the student to lawful F-1 status, if he or she:

1. Establishes to the satisfaction of the INS 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;
   
   
2. Is currently pursuing, or intending to pursue, a full course of study at the school which issued the Form I-20A-B;
   
   
3. Has not engaged in unauthorized employment; and
   
   
4. Is not deportable on any ground other than section 241(a)(1)(B) or (c)(i) of the Act {overstaying or failing to maintain status}. {8 CFR 214.2(f)(16)(i)}

Application Procedure

Make an appointment with the ISS Director to review your application.  The Director will review your materials, issue a new I-20, and prepare a cover letter.  After this review,  you can then send the following documents by certified mail with return receipt (clearly indicate, "Reinstatement" on bottom left corner of envelope) to INS, Chicago (address below):

1. Form I-20A-B (be sure to sign at #11);
   
   
2. Completed Form I-539 with $120 fee (plus $10 for each dependent, if applicable);
   
   
3. Original Form I-94;
   
   
4. Copies of previously issued Form I-20ID (if available);
   
   
5. Verification of funding; and
   
   
6. Written statement explaining your situation and why you failed to maintain valid F-1 status (also confirm that the above four statements are true).

If the reinstatement application is approved, INS endorses Form I-20A-B, retains p. 1-2 for transmittal to INS's Data Processing Center, and returns the Form I-20ID (p. 3-4) will return the form directly to you, the student. Although there is no formal appeal from a denial, the applicant may seek reconsideration through a motion. Speak with the ISS Director for more information about a "motion to reconsider."

INS
Immigration and Naturalization Service

Risks

It is important to note that even if your F-1 status is restored by the INS by failing to maintain your status continually, you may no longer be eligible for certain benefits later on.  Additionally, there is no guarantee the INS will approve your application for ROS so it is better to make every diligent effort to maintain your status.  For more information on how to maintain your status

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