What is reinstatement?

When you have been admitted to the United States in F-1 status, there are certain obligations you must meet in order to maintain status. Failure to do so results in your being "in violation of status" and the need to be "reinstated" to lawful F-1 status by the U.S. Citizenship and Immigration Services (USCIS).

When is reinstatement necessary?

Reinstatement is necessary when any of the conditions of maintaining status have been violated.

To maintain status, you must:

1. Keep your passport valid.
2. Attend first the school whose I-20 was used to enter the U.S.
3. Maintain a full-time course of study (defined as 12 credits for undergraduates and 9 credits for graduates at NJIT) each semester, except in the semester(s) when you are certified full-time with less than 12 credits, if an undergraduate, or 9 credits, if a graduate.
4. Not work without authorization.
5. Limit authorized employment (both on- and off-campus) to a total of 20 hours per week while school is in session.
6. Apply for a Program Extension before the completion date on your I-20, if you need extended time to complete your current program.
7. Follow specific USCIS procedures to record your change of educational program or level within 15 days of beginning the new program or level.
8. Follow specific USCIS procedures to record your transfer to another school within 15 days of attending the new school.

Who is eligible to be reinstated?

Reinstatement will be possible only if you:

1. Are pursuing or intend to pursue a full course of study.
2. Have always had proper authorization while being employed.
3. Can establish that the violation of status resulted from circumstances beyond your control or that failure to be reinstated would result in extreme hardship.
4. Are not deportable on any other grounds.

Procedure:

The reinstatement application is sent directly by the Office of International Students & Faculty (OIS&F) to USCIS. We will look over your application to make sure everything is in order. Please submit the following documentation to the OIS&F:

1. Completed USCIS Form I-539.
2. An I-20 for reinstatement, with financial documentation for the program of study.
3. Your written request to USCIS for reinstatement, explaining the circumstances of your being "in violation of status."
4. An I-94 card photocopy (both sides) for you and each of your dependents.
5. A check or money order payable to the "Department of Homeland Security". The fee is $300.
6. Receipt of payment of SEVIS fee (http://www.fmjfee.com), only if you have been out of status for more than five (5) months.

Please click here to review a sample reinstatement checklist.

The OIS&F will review your application. Make sure that you have signed the I-20. Also, make sure your dependents have been issued with their own I-20s. You are advised to photocopy all your application material for your own records before submitting it to the office for submission to USCIS. Remember to include a check or money order payable to the "Department of Homeland Security."

We will send the application by certified mail, return receipt requested to:

U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, Vermont 05479

If the reinstatement is approved, the USCIS adjudicator will endorse your I-20 to indicate that you have been reinstated and return it to us. You will then be notified by e-mail to come and collect it. If your application is denied, you will be notified by USCIS and asked to leave the U.S. You will be notified of the response we received from USCIS and asked to come to the OIS&F so that we may advise you and update your file.

Special Considerations:

Processing time for reinstatement cannot be predicted; it may take as long as six (6) months or more. Although you may continue to study, you are not eligible for any privileges associated with F-1 status, such as on-campus employment and practical training, while your application is pending.

In some cases, a re-entry into the U.S. with a valid I-20 may serve to reinstate you to F-1 status. If you have any questions about this, please discuss with an advisor.