Reinstatement
Definition
Reinstatement is an option for an F-1 student who fails to maintain status and wishes to regain status without leaving the U.S. An F-1 student must be in status to be eligible for any benefits such as work permission including practical training, program extension, school transfer, and adjustment of status. Depending on the circumstances of the individuals case, reinstatement may or may not be the best option. Please consult with an international student advisor. An F-1 student may be considered out of status if he or she:
- fails to maintain a full course of study each semester as described in the regulations
- fails to apply for a program extension before the expiration date on the I-20 (item #5 on the I-20)
- does not follow the proper procedure for reporting a change of program level (Bachelor's to Master's or Master's to Ph.D.)
- does not follow the proper procedure for reporting a school transfer;
- does not follow the proper procedure for reporting readmission to Emporia State University.
Eligibility
To apply for reinstatement, the student:
- Cannot have been out of status for more than 5 months at the time of filing reinstatement (unless the student can demonstrate exceptional circumstances and he/she is filing as promptly as possible);
- Does not have a record of repeated or willful violations of USCIS regulations;
- Is currently pursuing, or intending to pursue a full course of study in the immediate future;
- Has not engaged in unauthorized employment;
- Is not deportable on any other grounds; and
- Establishes to the satisfaction of USCIS
by a detailed explanation showing either that
- the violation of status resulted from circumstances beyond the
student's control (such as serious injury or illness, closure of
ESU, a natural disaster, or a mistake made by the international
student advisor)
OR - the violation relations to a reduction in course load that would have been in the international student advisor's power to authorize, and failure to approve reinstatement would result in extreme hardship to the student.
- the violation of status resulted from circumstances beyond the
student's control (such as serious injury or illness, closure of
ESU, a natural disaster, or a mistake made by the international
student advisor)
For additional information about the procedures for reinstatement, please visit the Office of International Education, Lower Level, Memorial Union.
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Last Updated July 31, 2007