Reinstatement
Reinstatement
F-1 visa regulations require you to maintain status. You become out of status if you violate these rules, even unintentionally. You become 'out of status' if you:
  • fail to maintain full-time enrollment (with a few approved, ISP-authorized exceptions, such as your last semester of study).
  • work illegally, either off campus without authorization, on campus more than 20 hours per week during school, or more than 40 hours per week when school is not in session.
  • fail to request a program extension from the ISP Office and continue to study past the degree completion date listed in item #5 of your Form I-20.
  • transfer schools without following the appropriate procedure. (Ask your International Student Advisor at Gonzaga or at the new school what you should do to transfer at least two weeks before beginning classes at the new school).
  • do not attend the school that the U.S.Citizenship& ImmigrationServices authorized you to attend.

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You must regain status before being eligible for any benefits associated with your F-1 visa. These benefits include on- or off-campus employment and curricular or optional practical training. The process is called requesting reinstatement.

Procedure

  1. Write a letter to USCIS explaining the reasons why you violated status and why you should be reinstated. Indicate the hardships that will result if USCIS does not reinstate you. If your violation occurred because of circumstances beyond your control (for example, when a mistake was made by someone else in giving advice or making documents), make sure to mention this in your letter.
  2. Make an appointment with an International Student Advisor to review your letter, fill out the Form I-539 , and arrange to get a new Form I-20. Appointments for reinstatement can be made with Danae Terhark (terhark@gonzaga.edu) in the ISP Office.
  3. The ISP Office may provide you with a letter of support.

Reinstatement Application Check List:

  • Your cover letter of explanation.
  • Form I-539.
  • Include the listed fee, payable in check or money order to 'USCIS.'
  • The new Form I-20 with your signature.
  • The original Form I-94 from your passport.
  • Copies of the identity page and the F-1 visa from your passport.

Make photocopies of everything you send to USCIS!

Response from USCIS

If you are reinstated, USCIS will write "reinstatement to F-1 D/S" on your I-94, stamp the I-20, and return these to you. You may then resume any benefits of F-1 status.

Upon reinstatement, any previous time in F-1 status counts toward your current situation, rather than your duration 'beginning' all over. This is useful since certain F-1 employment benefits, such as practical training, require nine months of F-1 status before you become eligible.

To be eligible for reinstatement, you must be currently pursuing a full course of study or intending to pursue full-time study.

If you are denied reinstatement, you have 30 days in which to leave the U.S. If you receive a denial, see an International Student Advisor immediately to see if any other remedies exist.

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