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Applying for Reinstatement to F-1 Student Status

$100.00

Who should buy this package?

Students can fall out of status in a number of ways, including failing to maintain full-time enrollment during required terms, failing to apply for an extension of a program before an I-20 expires, or failing to properly complete the I-20 transfer procedures in a timely manner when changing schools or programs. Even innocent mistakes, such as registering for too many online courses, can cause serious issues. If you fall out of F-1 status, you need to take immediate action to rectify the situation. This package contains helpful information for students seeking reinstatement to F-1 status, and who intend to file for reinstatement without the assistance of an attorney.  

Immigration law only allows a person to reinstate to F-1 status in a narrow set of circumstances. This package should only be purchased by a student who:  

  1. Held F-1 status, but subsequently fell out of status due to circumstances beyond his or her control; 
  2. Has not been out of status for more than 5 months; 
  3. Is either pursuing or intends to pursue a full course of study in the immediate future;
  4. Is either still enrolled in school, or is eligible to reenroll in school (with the school’s permission); 
  5. Has not engaged in unauthorized employment; 
  6. Does not have a record of repeated or willful immigration violations; 
  7. Is not otherwise deportable from the United States; and
  8. Can document sufficient financial resources to pursue a full-time course load.

Please note that if you have been out of F-1 status for more than five months, you may still be eligible for reinstatement, but the application process becomes much more difficult. If you meet all of the other criteria but have been out of status for more than five months, you should talk to an experienced immigration attorney about your case.

What is in this package?

  • Overview of the process of applying for reinstatement to F-1 student status, from start to finish. 
  • Checklist of forms and evidence that you will need to submit with your application. 
  • Step-by-step instructions for applying for reinstatement to F-1 student status.  The step-by step instructions will guide you through the process of collecting necessary evidence, filling out your paperwork, and everything in between.  
  • Sample Cover Letter. You shouldn’t judge a book by its cover, but USCIS does sometimes judge immigration applications by their cover letters!  Following this template will help to ensure that your application is not erroneously rejected in USCIS’s mailroom.   
  • Example Personal Statements. A major component of any application for reinstatement is a student’s personal statement explaining to USCIS the reasons for his or her failure to maintain status. These examples are meant to give you a sense of the sort of information that USCIS needs to know, and to help you identify factors in your own case that might be significant.   
  • Sample Affidavits. If someone with knowledge of your situation would like to provide an explanation to USCIS about why you fell out of status and why should be reinstated, following this template will help to ensure that USCIS gives the written testimony full evidentiary weight.  
  • Blank Immigration Forms, including the most common forms that are filed with applications for reinstatement to F-1 student status.
  • Frequently Asked Questions, answering some of the most common questions that applicants have when applying for reinstatement to F-1 student status.

How to use this package?

Follow the step-by-step instructions to complete, assemble, and file a successful application for reinstatement to F-1 student status with USCIS.  The package starts with an overview of the process, provides a checklist of the documents that you’ll need to submit with your application, and provides detailed instructions for how to complete each form.  The package also contains instructions for preparing your application for mailing, and an explanation as to what happens after you file.  Following the instructions in this package can help you to put together the strongest application possible.  

Special instructions

Applications for reinstatement to F-1 student status can only be filed by students who are still in the United States and who meet the eligibility requirements discussed above.  

Notwithstanding your eligibility for reinstatement, if you have been served with a Notice to Appear in Immigration Court after falling out of status, you should consult with an experienced immigration attorney prior to filing any paperwork with USCIS.  

As mentioned above, students are not eligible to apply for reinstatement to F-1 student status if they are deportable for any reason other than falling out of status.  This means, for example, that a student that has been convicted of a deportable criminal offense, or a student that has committed immigration fraud, cannot be reinstated.  If you think that you may be eligible for reinstatement to F-1 student status but you are concerned that you may be deportable, you should consult with an experienced immigration attorney.  

Filing an application for reinstatement to F-1 student status does not, in and of itself, provide any lawful immigration status.  If you file for reinstatement and the application is denied, the time that you spend in the United States awaiting a decision may be construed as unlawful presence.  Consequently, you should only file an application for reinstatement if you are confident that you qualify.  

After you file your application for reinstatement, you must maintain academic enrollment while the application is pending.  You are not entitled to any employment authorization benefits while your application is pending. 

Applying for Reinstatement to F-1 Student Status

$100.00