Students who fail to maintain their student status may be reinstated to lawful F-1 status at the discretion of USCIS, but only under the following limited conditions:
- Student has not been out of status for more than 5 months prior to filing for reinstatement
- Student does not have a record of repeated violations
- Student is pursuing, or will in the next available term be pursuing, a full course of study
- Student has not engaged in unauthorized employment
- Student is not deportable on any grounds other than the status violation for which reinstatement is being requested
- Status violation has resulted from either:
- Circumstances beyond the student’s control; or
- Failure to apply in a timely manner for a reduced course load authorization from the International Student Analyst, but only if the violation relates to something that would have been within the International Student Analyst’s authority to have approved, if it had been timely done, and that the student would experience extreme hardship if the application were not approved.
Form I-539 required to apply for Reinstatement is available on the USCIS site.
Reinstatement to J-1 status requires an application to and approval by Department of State. Please consult with your International Student Analyst for information on Reinstatement.
The following situations are considered to be substantive violations requiring an application for reinstatement:
- Student failure to maintain a full course of study without prior consultation with RO/ARo and academic adviser
- Out of valid program status for more than 120 days after the end date on the current DS-2019