| How do I get back "in status"? |
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- You are responsible to become aware of and dutifully observe the requirements to maintain your lawful status.
- If you fail to do so, you are considered to be out of status which may be grounds by U.S. Citizenship and Immigration Services (USCIS) for your removal from the U.S.
- If you think you are out of status, contact International Services immediately to review your situation. If you are out of status, you will not be eligible for a travel signature, change of status, employment or other F-1 benefits.
- Below are details of the only two options for reinstatement:
- Criteria—You may apply for reinstatement if you:
- Have not been out of status over five months
- Do not have a record of willful or repeated violations
- Are currently pursuing or intend to pursue a full course of study
- Have not been engaged in unauthorized employment—It is illegal to work anywhere when out of status.
- Are not removable on any other grounds
- Can substantiate that the status violation resulted from circumstances beyond your control or the violation is related to a reduced course load that would have been within International Services power to authorize and that failure to approve reinstatement would result in extreme hardship.
- How to Apply
- Complete a Form I-539—may be downloaded here and filled in by using your keyboard before printing or obtained from International Services after verifying with International Services that you are out of status and discussing your situation with your advisor.
- Make copies of your passport pages including your visa, passport number and expiration date, and your picture.
- Include your original Departure Record—Form I-94—This small white card is usually stapled to your passport next to your visa.
- Request a reinstatement Form I-20 from International Services.
- Draft a written request for reinstatement addressed “To Whom It May Concern.” Consider including the following suggested items:
- Reason for falling out of status
- Provide support/documentation that the violation was beyond your control.
- Make the request that you be reinstated to your F-1 student status giving all of the reasons to do so—one ought to be so that you might be able to complete the requirements of your program—list them and when you plan to graduate.
- You might explain the negative impact that a failure to obtain reinstatement would have on you.
- Indicate that you are currently pursuing a full course of study or that you are making arrangements to do so during the next enrollment period.
- Personal declaration that you will follow all of the F-1 regulations if reinstated
- Provide {thickbox linktext:="proof of finances" title:="Proof of Finances" width:="900" height:="700"}{aclips5819} {aclips5820} {/thickbox}
- Obtain an official university transcript from each university attended
- Obtain a money order or personal check for $300 made to U.S. Citizenship and Immigration Services
- Make an appointment with your International Services advisor and bring the above documents with you for review.
- Submit the application and related materials to:
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services California Service Center P.O. Box 10539 Laguna Niguel, CA 92607-1053 - If Application is Approved
- Your violation is forgiven.
- You will be eligible for any F-1 benefits for which you qualify.
- If Application is Denied
- Your current visa will be automatically canceled.
- You will be permanently limited to applying for visas in your home country.
- You will not be allowed to continue your studies at BYU.
- You will be required to depart the United States within a time designated by the USCIS in your notice of denial.
- If you fail to leave the U.S. as specified, you will begin accumulating “unlawful presence days.”
- 180 days unlawful presence is grounds for a three year bar from entering the U.S.
- One year of unlawful presence is grounds for a ten year bar.
- An official record of your status violation will be recorded with the Department of Homeland Security.
- Procedure
- Considerations
- Although you will be considered in valid F-1 status after reentry, this option is not the same as reinstatement, and it does not forgive your past violation(s).
- Upon your return to campus, you will be eligible for on-campus employment, but you will not be eligible for off-campus or Economic Hardship employment until after you have completed a full course of study for one full academic year after regaining F-1 status.
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