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Reinstatement to F-1 Status
As a student in F-1 status,
you are expected to comply with immigration regulations. If you fail to
comply with these regulations, you will be "out of status".
When you are out of status, you are no longer eligible for on-campus employment,
practical training, recertification of your I-20 for re-entry to the US,
or any other benefits of F-1 status.
The following are considered
violations of your F-1 status:
- Failure to attend the school
whose I-20 you used to enter the United States
- Failure to report to Columbia's
ISSO for initial registration in SEVIS upon arrival
- Failure to maintain full-time
registration (see Maintaining
F-1 Status for more information.)
- Failure to request a transfer
from Columbia within 60 days of completion date or OPT end date from
the previous school
- Failure to apply for a Program
Extension before the completion date on your I-20, if you need
more time to complete your current program
- Failure to obtain a new
I-20 if you change your educational program or degree level
- Failure to report address
change to the ISSO within 10 days moving
Reinstatement allows you the opportunity to regain valid F-1 status and
have the mistakes you made corrected by USCIS. You may be eligible for
reinstatement only if you:
- Are currently enrolled or
intend to enroll for a full-time course load
- Can establish that the violation
of status resulted from circumstances beyond your control
- Have not engaged in unauthorized
employment
- Have not been out of status
for more than 5 months
- Can document sufficient
financial resources to pursue a full-time course load
- Do not have a history of
repeated violations
- Are not deportable from
the US on any other grounds
Note that working in the US
without appropriate authorization from the ISSO or the USCIS is a violation
of your status that cannot be corrected through reinstatement.
If you are in violation of your status due to unauthorized employment,
you can only regain your status by departing the United States.
Procedure: The application for
reinstatement is made by you directly to USCIS. The ISSO does not have
a role in approving your application. Only USCIS can reinstate your status.
However, ISSO advisers are available to review your application before
you submit it if you wish.
Your reinstatement application
must include the following documents:
- A request for reinstatement,
written by you, explaining why you fell out of status and why the circumstances
were beyond your control
- A new, original, I-20 created
for you by the ISSO for the purposes of reinstatement which you have
signed and dated. You must send the original I-20 for reinstatement
applications
- 3. A completed Form
I-539. Note: Write "REINSTATEMENT" in red ink at the top
of the Form I-539. In Part 2, question 1, check "C" and write:
"Reinstatement to F-1 status"
- Financial documentation
showing one year of tuition, fees, and living expenses
- Copies of your passport,
visa, and I-94 card
- Copies of all I-20s previously
issued to you
- Transcripts (copies from
SSOL are sufficient)
- A bank check or money order
payable to U.S. Citizenship and Immigration Servicesin the amount of
$300.
If you have dependents in the
US, you must also include them in the application since a violation of
your F-1 status affects your dependent family members as well.
We recommend that you copy
your application materials for your own records before sending it to USCIS.
Send the application by certified mail, return receipt requested to:
US Citizenship and Immigration Services
ATTN: I-539
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479
If your request for reinstatement
is approved, the USCIS officer will stamp your I-20 to indicate that you
have been reinstated and return it. Once the reinstatement is approved,
you are once again eligible for the benefits of F-1 status. If the application
is denied, you will be notified and required to leave the US.
Special
Considerations
Processing times for reinstatement
applications vary; however, it may take as long as 6 months for the application
to be adjudicated. Although you may continue to study while the application
is pending (In fact, you are required to register full-time during this
period.), you will not be eligible for any type of employment until the
reinstatement is approved.
Alternative
to Reinstatement
You also have the option of
traveling to regain status instead of applying for reinstatement. When
you travel to regain status, you are issued a new I-20 for "Initial
attendance" with a new SEVIS ID number. You then leave the US and
re-enter using the new I-20. When you enter the US and receive an I-94
marked "F-1 D/S", you will once again be in valid F-1 status.
However, if you choose to travel to regain status, you will forfeit any
time you have accrued toward practical training eligibility. You will
need to be registered for one academic year in order to qualify for practical
training.
Last Reviewed: October 18 2007 Last modified: October 18 2007
International Students and Scholars Office
Columbia University
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