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Reinstating visa status

It is your responsibility to comply with all immigration regulations that apply to non-immigrant students. If you violate the terms of your visa status, you must be "reinstated" to your student visa status.

Violating your status is:

  • Risky. The United States government can deny your request for reinstatement, and then you have to leave and/or cannot re-enter the U.S.
  • Short-sighted. You jeopardize future visas.
  • Time-consuming. You have to fill out a series of forms or travel outside of the U.S.
  • Expensive. You have to pay fees or pay for a plane ticket outside the U.S.; you cannot work or have an assistantship until you have been reinstated.

If you are a J-1 student, please contact an international student adviser to discuss the reinstatement process.

If you are an F-1 student, please review the guidelines and procedures listed below.

There are two ways to be reinstated to F-1 status:

  1. Leave the U.S. and re-enter with new immigration documents.
  2. Apply for reinstatement from within the U.S.

Reinstatement by travel

You must discuss this procedure with an adviser before leaving the U.S. Your adviser can talk to you about the risks and the actions you should take to minimize those risks.

In general, the process for reinstatement via travel is listed below:

  1. Meet with an adviser to discuss your situation.
  2. Receive a new I-20 with a remark indicating that you are traveling for reinstatement.
    • You must provide financial documents to verify that you can afford to attend MU. Please refer to the estimated expenses for more detailed information.
    • Your current I-20 will be "terminated" in the SEVIS system. You will be re-issued an I-20 for reinstatement.
  3. Travel out of the U.S. and re-enter with a new I-20.
  4. Upon your return to MU, immediately meet with an adviser to have your documents copied for your file and have your SEVIS record re-activated.

Reinstatement by application

Eligibility

A student is eligible to apply for reinstatement if the student can prove the following:

  • The student has not been out of status for more than five months. If the student has been out of status for more than five months, he or she will have to travel for reinstatement (see instructions above) unless he or she can prove that there were extraordinary circumstances that prevented him or her from applying for reinstatement earlier.
  • The status violation must have been beyond the student's control
  • The student does not have a record of repeated violations
  • The student is pursing a full course of study
  • The student has not worked illegally. You cannot apply for reinstatement if you have worked illegally. In that case, you must travel for reinstatement (see instructions above).
  • The student is not deportable on any grounds other than those for which reinstatement is being requested.

Application process

  1. Meet with an international student adviser to discuss your situation.
  2. Bring the documents listed below to the meeting with an adviser.
    • A letter explaining why you are out of status and specifically asking to be allowed back into F-1 status
    • Form I-539 (instructions)
      1. Write "Reinstatement" clearly across the top of the I-539.
      2. In Part 1, write "D/S" in the "Expires on" field next to "Current Non-Immigrant Status."
      3. In Part 2, #1c, check the "other" box and write "reinstatement" on the line.
      4. In Part 3, #1, write "D/S" in the field.
    • A check for $290 payable to U.S. Citizenship and Immigration Services.
    • Your original I-94 card.
    • A copy of your current I-20, passport, visa, I-94 (front & back). If you have dependents, you need to provide copies of their documents, too.
    • A copy of the SEVIS receipt from your previous F-1 status.
  3. During the meeting with an adviser, you will receive a new I-20 with a remark indicating that you are applying for reinstatement.
    • You must provide financial documents to verify that you can afford to attend MU. Please refer to the estimated expenses for more detailed information.
    • Your current I-20 will be "terminated" in the SEVIS system. You will be re-issued an I-20 for reinstatement.
  4. An adviser also will review your application to ensure that it is complete.
  5. You will then mail the complete application to USCIS at the following address:

    USCIS-California Service Center
    Reinstatement Division
    P.O. Box 10539
    Laguna Niguel, CA 92607-1053

  6. Approximately two weeks after mailing your application, you will receive a receipt with a receipt number. You may use that number to track the status of your case online.
  7. After your application is approved, immediately meet with an adviser to have your documents copied for your file and your SEVIS record re-activated. If your application is denied, please meet with an adviser to discuss your options.