Reinstatement to Student Status
REINSTATEMENT TO STUDENT STATUS
If you are an F-1 or M-1 student and violate your status by failing to maintain a full course load or by attending a school which is not an SEVP-approved school, you may be eligible for reinstatement to student status. A request for reinstatement may be granted if the student:
- Has not been out of status for more than five months at the time the request for reinstatement is filed. If the student has been out of status for more than five months, he or she must demonstrate that the failure to file within five months was the result of exceptional circumstances and that he or she filed the request as soon as possible under these exceptional circumstances;
- Does not have a record of repeated or willful immigration violations;
- 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 unlawful employment;
- Is not deportable on any ground, apart from maintaining his or her F-1 or M-1 status;
Establishes to the satisfaction of the U.S. Citizenship and Immigration Services (“USCIS”), 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 school, a natural disaster, or inadvertence, oversight, or neglect on the part of the Designated School Official, 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 which would have been within a Designated School Official’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.
How We Can Help You
At Ferman Law, we will discuss with you the reasons you fell out of status and determine if you meet the criteria for reinstatement to student status. If you are eligible, we will prepare your application for reinstatement to student status and file it with the USCIS.