F1 STUDENT VISA Reinstatement

A student who has violated their immigration status and whose status was terminated as a result of that violation may be reinstated to lawful F1 visa status at the discretion of USCIS. A request may be granted if 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).
• Does not have a record of repeated or willful violations of status;
• Is currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the form I-20;
• Has not engaged in unauthorized employment; and
• Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act; and
• Establishes to the satisfaction of the Service by a detailed showing, either that:
  • 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
  • The violation related 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.

 If you need an experienced F1 reinstatement lawyer, contact us today!