Reinstatement Procedures
Non-immigrant students or exchange visitors who fall out of status (e.g.,
has not been enrolled full-time, overstayed the authorized period on the I-20
plus grace period) for reasons beyond their control may be eligible to apply for
a reinstatement of status. Reinstatement is at the discretion of the USCIS
District Director who considers the following conditions:
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Has the student been out of status for more than 5 months prior to filing
for reinstatement (unless the student can show that there were exceptional
circumstances that prevented the student from filing during the 5-month
period)?
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Does the student have a record of repeated violations?
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Is the student pursuing, or will in the next available term be pursuing, a
full course of study?
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Has the student engaged in unauthorized employment?
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Is the student deportable on any grounds other than the status violation
for which reinstatement is being requested?
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Did the status violation result from either:
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- Circumstances beyond the student's control (e.g.,
serious injury or illness, natural disaster, etc.); or
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- Failure to apply in a timely fashion for a reduced
course load authorization from the DSO, but only if the violation relates to
something that would have been within the DSO's authority to have approved, if
it had been timely done, and that the student would experience extreme
hardship if the application were not approved.
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