Students who have failed to maintain their F-1 student status are entitled to apply to the USCIS to ask to be reinstated (returned) to student status. Please note that a student who has been out of status for more than 5 months is ineligible for reinstatement.
When students show clearly that the violation of the rules happened for reasons beyond their control or that the violation was merely technical and not serious, the USCIS is more inclined to forgive the violation and return the student to proper status. Students can also be reinstated if they can show that failure to regain status would result in serious hardship.
Students should submit the following documents to the local USCIS office:
- A new SCU issued visa document indicating that it has been issued for the purpose of an application for "Reinstatement". (Student must sign item #11).
- Photocopies of all other visa documents (from SCU and any other US colleges attended).
- A completed Form I-539 (Application to Extend/Change Nonimmigrant Status) signed by the student with all questions answered.
- A letter no longer than one page written by the student providing the facts and circumstances which resulted in the violation of status. Students should mention that they are currently enrolled in a full load of classes and also explain how a hardship would result from not being returned to F-1 student status.
- A photocopy of the front and back of your Form I-94 (Arrival/Departure card usually stapled inside passport).
- Photocopies of the biographical and F-1 visa pages of the passport.
- Official copies of transcripts from all the schools attended while in the United States.
- Documents which establish the necessary financial support to complete the program of study.
- A check or money order made out to the "DHS" for $200.00 (as of 11/01/05).
Students should place on top of all the materials submitted to USCIS, a bright colored paper stating: "THIS IS AN APPLICATION FOR REINSTATEMENT WHICH SHOULD BE PROCESSED AT THE SAN JOSE USCIS OFFICE".
These application materials should be sent through certified mail with a return receipt to:
U.S. Department of Homeland Security
Citizenship and Immigration Services
1887 Monterey Rd.
San Jose, CA 95112
Please Note:
- Make photocopies of all materials mailed to the USCIS.
- See the SCU international student advisor immediately after you receive the USCIS response to your reinstatement application.
Note: While the reinstatement application is pending, the student may not work.
