Reinstatement with USCIS

Regaining Status with USCIS

There are many reasons that a student may become out of status with USCIS.  Once a student is out of status with USCIS, they can choose to leave the US immediately, choose to apply for reinstatement to status with USCIS, or choose to remain out of status. Other options may be available, and students can seek advice from an immigration attorney if they choose to do so: Immigration and Legal Resources

 

1. Travel outside the U.S. and re-enter with new I-20 or DS-2019

You can reactivate your status by obtaining a new initial I-20 or DS-2019, traveling outside the US, and returning using the new document. Note that you must have a valid F-1 or J-1 visa in your passport to return to the US.

This option will require a new SEVIS record. You will pay a new I-901 FMJ SEVIS Fee, and you cannot apply for CPT, OPT, or Economic Hardship work authorization until you complete two full semesters after returning to UW.

Traveling has many risks. Please schedule an appointment with ISS to discuss if this option before traveling.

 

2. Apply for reinstatement through USCIS

You can submit a reinstatement request to US Citizen and Immigration Services (USCIS). During this process, you must remain enrolled in school full-time and cannot work (even on-campus) until your request is approved. You are also not eligible to participate in Curricular Practical Training (CPT) or apply for Optional Practical Training (OPT) should you graduate before your status is reinstated. ISS staff must issue an updated Form I-20 or Form DS-2019 for a student before they can apply for reinstatement, and will provide guidance and resources during the process.

The petition for Reinstatement with USCIS (From I-539) can be submitted online through the USCIS website. Individuals petitioning for Reinstatement to F1 or J1 status MUST work with ISS staff to receive proper supporting documents BEFORE submitting the online petition. Please follow the directions below to receive necessary supporting documents from ISS and receive guidance and resources from the ISS staff.

ISS staff will help determine if you meet the eligibility for filing online, but we are not immigration attorneys. You are responsible to review the requirements before applying. If you have family members that also need to apply for reinstatement, you must file a paper petition to file together to pay only one fee; or you may file online for each family member and pay a fee for each family member.

Petition fee will be paid online when you submit the petition. A fee waiver process requires a paper application. The fee waiver is not guaranteed and adds time to your petition process. Contact ISS first if you want to pursue the fee waiver application. You will be notified of your biometrics appointment date and time and are required to travel to Casper, WY or Denver, CO for your appointment before your petition can be approved. You can find the fee for online and paper filing on the USCIS Fee Schedule. Look for Form I-539.

 

STEP 1: CONSULT WITH ISS ABOUT YOUR SITUATION

Contact ISS staff to discuss your specific situation. ISS staff will advise you on your possible options and advise you to proceed with the Reinstatement to Status petition if appropriate.  Do not begin without consulting ISS: email: uwglobal@uwyo.edu or call at 307-766-5193.

 

STEP 2: DOCUMENT REVIEW BY ISS STAFF

Scan and email the following documents to uwglobal@uwyo.edu for review. ISS staff will review the documents as soon as possible and email you with suggested corrections to the forms.

1. • Download and complete the Form I-539 from the USCIS website. You will eventually file the application online with USCIS but completing this “paper” form allows ISS to review your application and give you suggestions before you enter the application online.
     • Mailing address (Part 1, #4) - We suggest that you use the ISS mailing address so that we can assist in monitoring the status of your petition and quickly respond to any requests for additional information
     • Physical address (Part 1, #5) – Use your current, physical address
   • Financial Support Proof
     • For reinstatement to F-1 – Submit bank statements or other financial proof of support for at least one year. Contact ISS for specific amount of funding required.
     • *If your financial sponsor lives in the US, and they are NOT your F or J spouse, they must download and complete the Form I-134 Affidavit of Support to submit with your petition.

1. • Form I-94 – Retrieve your I-94 from the USCIS website & save for submission as an individual PDF
   • Current Passport – Your passport must be valid to petition for reinstatement to status.
   • Current or Most Recent Visa in passport – Your visa does not have to be valid to petition for reinstatement, but must be an F-1 or J-1 visa to request reinstatement to F-1 or J-1 status. If you entered the US in a status other than F-1 or J-1 and then changed to F-1 or J-1 you will include a copy of the I-797 approval notice for your F-1 or J-1 status.
   • Personal Letter – Write a letter (try to keep this within one page) describing why you fell out of status, why this was outside of your control, and what you plan to do to avoid any future issues with maintaining your status. If you have been out of status for more than five months, you must also describe why you waited so long to apply for reinstatement and why this was outside of your control. You will not have an interview for this petition, so this is your only chance to describe your intent in the US.
   • Additional Documentation – Collect any documentation to support your personal letter.
   • Transcript/Schedule – Include your UW transcript and transcripts for any concurrent enrollment at other schools that you have had since you began your study at UW. You should enroll full-time for the next semester before submitting these documents to show that you intend to maintain full-time enrollment if the change is approved.

 

STEP 3: RECEIVE FEEDBACK FROM ISS

1. • Suggested Corrections - update the I-539 or other documents as suggested.
   • New Form I-20 – ISS staff will email you the Form I-20 for the requested reinstatement. You should print it, sign it on page 1, and then scan pages 1 and 2 of the signed copy and save as a PDF for upload to the online petition.

 

STEP 4: PREPARE YOUR DOCUMENTS FOR UPLOAD TO THE ONLINE PETITION

Prepare your documents as recommended below so that they are available on your computer for upload to the online petition.  Save the documents with your last name and document name. Example: “PistolI94” or “PeteAdditionalEvidence”.  Avoid spaces and special characters in the file names, as those are not allowed by the online system.

1. • Current Form I-94 (save as individual PDF)
   • Current Passport (save as individual PDF)
   • New Form I-20 (save as individual PDF)
   • Proof of Funding (save as individual PDF)
   • Additional Evidence (save as individual PDF)

 

You will also need:

1. • The Form I-539 that ISS staff reviewed for you to transfer your answers to the online petition.
   • Your debit/credit card to pay the petition and biometrics fee online. You will pay the fees in the online reinstatement application.

 

STEP 5: SUBMIT YOUR PETITION TO USCIS

Follow the ISS guide for Submitting Your Reinstatement Petition Online to USCIS.