Request a Reinstatement I-20

F-1 students who fail to maintain their status and whose SEVIS records have been Terminated have a choice of methods to request to correct their status. Students should meet with an immigration attorney to discuss both options before making a final decision.

1. Apply for Reinstatement to USCIS.

• ISSS staff do not provide students with advice regarding the USCIS Reinstatement process. We encourage students to contact an immigration attorney for guidance.
• Once ISSS determines that a request for a Reinstatement I-20 meets requirements, we will issue the Reinstatement I-20 to the student. Consult with your immigration attorney about your Reinstatement application to USCIS.
• NOTE: It is not guaranteed that ISSS will provide an out of status F-1 student with a Reinstatement recommended I-20.

OR

2. Travel out of the U.S. and re-enter the U.S. on a new SEVIS record.

• If you decide to travel out of the U.S. to obtain a new SEVIS record, do not submit a Reinstatement request. Instead, contact to request that ISSS invite you to create a new Initial I-20.

Notes about a new SEVIS record:

• A new Initial I-20 will have a new SEVIS ID number. You will need to pay the SEVIS Fee again.
• Any time accrued toward benefit eligibility, such as OPT, does not carry over to a new SEVIS record.
• If you do not have a currently valid F-1 visa, you will need to obtain a new F-1 visa while outside of the U.S. before returning to the U.S.

Eligibility

You may apply for Reinstatement to F‐1 status to USCIS if you are able to establish the following, as detailed in Regulations 8 C.F.R. § 214.2 (f)(16)(i):

• The student has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);
• The student does not have a record of repeated or willful violations of Service regulation;
• The student is currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I­20;
• The student has not engaged in unauthorized employment;
• The student is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act (such as overstaying or failing to maintain status); and
• The student establishes to the satisfaction of the Service, by a detailed showing, either that: (1) The violation of status resulted from circumstances beyond the student’s control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for reinstatement; or (2) The violation relates to a reduction in the student’s course load that would have been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.

Application Procedure

1. You must first be admitted to Marymount University. Note: if you are a student who was Academically Dismissed from Marymount University, follow the instructions to apply for readmission.
2. Meet with an ISSS Advisor to discuss any questions or concerns.
3. Request a Reinstatement I-20 through the ISSS Portal.  You will need to upload:
   • Copy of passport identification/photo page
   • Copy of F-1 visa
   • Proof of funding documentation
   • Completed and signed Declaration of Finances
4. Write a strong essay to explain your situation. You will need to include this with your Reinstatement application to USCIS. Include the following information:
   1. ​​The reason for the violation of F-1 status and why it was beyond your control;
   2. Along with the explanation, please submit any evidence that supports your explanation (letter from academic advisor, medical excuse, etc.);
   3. That you intend to maintain your F-1 status in the future;
   4. That you have not worked without authorization;
   5. If you have a complex situation, a timeline of events can also be helpful to clarify your situation.
5. Meet with an Immigration attorney to assist you to file your Reinstatement I-539 application to USCIS. Work with your attorney to prepare your application materials, including:
6. • • Fee of $420 if filing online
     • Fee for $85 using check, money order or G1450 credit card form to the U.S. Department of Homeland Security for fingerprinting requirement
     • Proof of SEVIS fee payment (I-901). You can reprint it from fmjfee.com
     • Completed and signed I-539. Write “Reinstatement” in red ink on top of the 1st page.
     • Your essay requesting F-1 Reinstatement
     • Letter from DSO Explaining Reason for Reinstatement (optional)
     • Copy of fully signed, new Reinstatement I-20, pages 1 and 2
     • Any other support letters (if applicable)
     • Copy of Most Recent I-94
     • Copy of your F-1 visa in your passport
     • Copy(ies) of picture and expiration pages of the passport
     • Copy of all previously issued I-20’s
     • Original transcripts from Marymount University and the transcript of each previously attended school in the U.S. while in F-1 status. A print out of the courses you are currently enrolled in should be included. (You must be enrolled in a full-time course of study while your Reinstatement application is pending with USCIS.)
     • Completed Declaration of Finances and Proof of Funding, originals (with currency conversions if in a foreign currency)
7. Submit your application to USCIS either online or by mailing a paper application.

Reminders About Applying for Reinstatement

A decision to reinstate an individual to F‐1 student status is at the discretion of the USCIS.

• Processing times at USCIS vary greatly. Expect to wait 6-18 months to receive a decision.
• You are NOT eligible for any F‐1 student benefits, such as practical training employment authorization or working on campus, unless USCIS reinstates you to F-1 status.
• Travel outside the U.S. while a reinstatement application is pending may be considered an abandonment of application. If you need to leave the U.S. while your application is pending, then meet with an immigration attorney prior to traveling to discuss your options.
• If the Reinstatement application is approved, USCIS will endorse the new I‐20 form and return it to the mailing  address listed on the I 539 form. Please contact ISSS when you receive information from USCIS. (Note: F‐2 dependent status is  automatically reinstated with the Reinstatement of the F‐1 student.)
• If the application is denied, you will begin to accrue days of unlawful presence in the U.S. Accrual of more than 180 days of unlawful presence could subject a person to a 3‐year or 10‐year bar from re-entering the US. Students who are denied Reinstatement have the option to file an appeal with USCIS, but should hire a competent immigration attorney for help with this process.

 

 

10/03/2024