If you violate the terms of your non-immigrant status, you may need to apply to USCIS for "Reinstatement." Reinstatement is a way to admit that you made a mistake and to ask USCIS to pardon your mistake and put you back into an active non-immigrant status.
Common violations Include:
- Failure to check in at the beginning of each semester
- Failure to attend new student orientation
- Failure to enroll
- Failure to enroll full time
- Failure to make normal academic progress
- Failure to request authorization for reduce course load in a timely manner
- Failure to request a program extension in a timely manner
- Unauthorized leave of absence
- Unauthorized withdrawal
Please note that this is not a complete listing of potential status violations. Check with an ISS advisor for more information.
ISS will assist you in deciding how to proceed. You should visit our office as soon as possible if you believe you could be in violation of your status. It is very important to file a reinstatement application immediately. Reinstatement applications can take up to five months to process.
Students are considered for reinstatement only under the following circumstances:
- The violation of status was beyond your control.
- You are pursuing or will pursue a full course of study.
- You have not had repeated violations of status and are not in removal proceedings.
- You have not been outside of the U.S. for more than five months or can demonstrate exceptional circumstances that prevented you from filing within 5 months.
- You have not engaged in unauthorized employment in the US.
- If reinstatement is not approved, your SEVIS record will be terminated or completed and you must leave the U.S. immediately.
PLEASE BE AWARE THAT UNAUTHORIZED EMPLOYMENT IS A SERIOUS VIOLATION AND WILL NOT BE CONSIDERED FOR REINSTATEMENT. YOU CANNOT FILE FOR REINSTATEMENT IF YOU HAVE ENGAGED IN UNAUTHORIZED EMPLOYMENT. YOU SHOULD SEEK LEGAL ADVICE FROM AN IMMIGRATION ATTORNEY ON THIS MATTER.
To apply for reinstatement you must meet with an ISS advisor and submit:
- ISS Service Request Form
- Properly completed SEVIS Form I-20, issued for reinstatement by ISS
- Letter addressed to USCIS officially requesting reinstatement with the following:
- Explanation of the status violation.
- Understanding of the effect of failure to receive reinstatement.
- Intent to pursue full course of study.
- Specific request for reinstatement to F-1 student status.
- Completed and signed Form I-539 (Students should check "Yes" to question #3E in Part 4.)
- Check or money order payable to “The U.S. Department of Homeland Security” in the amount of the fee for Form I-539 (Consult with ISS for the latest fee.)
- Financial documents showing ability to pay for new program
- For Year 1, funds must be liquid (currently in a bank account)
- For future years, show how funds will be available (e.g., investments, sponsor’s proof of salary or recent tax documents showing income).
- If you have a sponsor, submit a new Affidavit of Support completed and signed by your sponsor.
- Original I-94 card
- Copy of passport
- Copy of F-1 or J-1 visa
- Copy of all I-20s or DS-2019s issued to you by The New School and all schools you have attended in the U.S.
- Copy of transcript showing proof of registration in current, previous and future semesters.
- Any other documentation that might help establish the nature of the violation, to document that the violation occurred less than five months ago
After meeting with an International Student Advisor, students should mail all documents and the original I-20 with the reinstatement request to:
P.O. Box 660166
Dallas, TX 75266