Reinstatement After Violation of Status: Frequently Asked Questions Students in F-1 Status

Transcription

1 Reinstatement After Violation of Status: Frequently Asked Questions Students in F-1 Status Version 04/03/2014 What is a reinstatement? Application submitted to U.S. Citizenship and Immigration Services (USCIS) by a student who has violated his or her F-1 status to request return to legal student status Student who violates status is often referred to as being out of status Why would I seek reinstatement to F-1 status? To regain valid F-1 status to be eligible for benefits of this status and to avoid negative consequences What are some common examples of how I could violate my F-1 status? Failing to enroll full time during a fall or spring semester (or summer if first semester) without receiving approval for a reduced course load from the International Students and Scholars Office (ISSO) Failing to complete transfer procedure within 15 days of the start of the semester Failing to complete change of educational levels within 60 days of completing previous degree program Working more than 20 hours on campus during the fall or spring semester Exception: You may work full time during official school breaks: Thanksgiving and Spring Break Working off campus without obtaining approval from the ISSO or USCIS Failing to apply for a program extension before current I-20 expired Failing to leave the U.S. within 60 days of completing degree program (60 days from last day of semester) What are the consequences of failure to maintain F-1 status? Ineligible for all benefits of F-1 status, including: On- or off-campus work permission including graduate assistantship Curricular or Optional Practical Training School transfer may not be possible; depends on whether new school is willing to file reinstatment Program extension Change of nonimmigrant status May be subject to deportation from the U.S. When would I be eligible for a reinstatement? Violation of F-1 status occurred within the last five months (or demonstrates that the failure to file a reinstatement within the 5 months period was the result of exceptional circumstances) No record of repeated or willful violation of USCIS regulations Currently pursuing, or intending to pursue, a full course of study in the immediate future Have not engaged in unauthorized employment Evidence that the violation of status resulted from circumstances beyond your control What if I have been out of status for more than 5 months? You may file a reinstatement if you can demonstrate that your failure to file during the 5 months was a result of exceptional circumstances Required to pay $200 for a new SEVIS I-901 fee o Payment is made on-line at International Students and Scholars Office, 3248 Memorial Union, Ames, IA Phone: (515) Fax: (515) Page 1

2 When can I apply for a reinstatement? ISSO recommends filing the reinstatement as soon as possible after the violation occurs, but no later than 5 months from the date of the violation Can I apply for a reinstatement more than once? Yes, but take into consideration that USCIS will note the previous reinstatement(s) Multiple violations are taken very seriously and can cause USCIS to deny your request How much will a reinstatement cost me? $290 for the reinstatement application If application is canceled or denied, the application fee will not be refunded Additional fees for mailing How do I start the process of requesting a reinstatement? First schedule an appointment with an ISSO advisor After the appointment, request a new I-20 through Cystart How do I submit the request to ISSO to obtain a new I-20 to request the reinstatement? Log in to Cystart using your ISU NetID and password After logging into Cystart, be sure to select the appropriate tab F-1 Undergraduate Student Services students completing a Bachelor s degree F-1 Graduate Student Services students completing a Master s or Doctoral degree Complete the Reinstatement: Student Request e-form Attach proof of financial support for next two semesters (including dependents) for all expenses Attach letter explaining how you violated your F-1 status, what steps you have taken or will take to prevent future violations of your status, and requesting reinstatement to valid F-1 status What is the approximate timeline for ISSO to process this request? 10 calendar days after there is a mark in box on the Cystart page for your reinstatement I-20 request. How will I know when my new I-20 is ready? ISSO will send an to your ISU address If you do not receive this within 10 calendar days as noted above, please send an to isso@iastate.edu to check on your request. What documents must I bring to ISSO to complete my application? $290 personal check, made payable to U.S. Department of Homeland Security Completed Form I-539 Completed Form G-1145 Original letter explaining your violation Copy of financial documentation submitted for new I-20 Original and one copy of each of the following immigration documents: I-94 page (or copy of front and back of I-94 card if most recent entry to U.S. was before April 2013) Passport identity and expiration date page Passport page with most recent F-1 visa International Students and Scholars Office, 3248 Memorial Union, Ames, IA Phone: (515) Fax: (515) Page 2

3 What documents must I submit to USCIS as part of the final application? ISSO will review the final application and scan a copy to include in your file before mailing it to USCIS. $290 personal check, made payable to U.S. Department of Homeland Security Completed Form I-539 Completed Form G-1145 Copy of new I-20 issued for reinstatement request, signed by ISSO advisor and student Copy of SEVIS I-901 fee payment receipt (if applicable) Copy of financial documentation submitted for new I-20 Letter explaining your violation One copy of each of the following immigration documents: I-94 page (or copy of front and back of I-94 card if most recent entry to U.S. was before April 2013) Passport identity and expiration date page Passport page with most recent F-1 visa What steps should I take if I choose to mail the final application myself? Please put the final application together in the order listed above, ensuring the check is on top Proof the final application one last time to ensure dates are correct, signatures are included, etc. Send a scanned copy of the final application, in.pdf format, to ISSO at isso@iastate.edu Scan copies of all documents included in the final application as ISSO would need to reference these if the USCIS sends a Request for Evidence (RFE) to follow-up on your application Wait for an from ISSO indicating that your application is complete or that you need to make changes If changes are necessary, please make the changes and send a new, scanned copy of the final application to ISSO Once ISSO confirms your application is complete and accurate, you may mail it to the address below Where should I mail my final application if I choose to mail it myself? Mailing through U.S. Postal Service: USCIS PO Box Dallas, TX Mailing through USPS Express Mail/Courier: USCIS ATTN: I S. State Highway 121 Business Suite 400 Lewisville, TX How will I know the USCIS has received my application? USCIS will send you an (see sample below) and/or text message USCIS will send ISSO the official I-797 Receipt Notice This assumes the ISSO address was used as the mailing address on the I-539 International Students and Scholars Office, 3248 Memorial Union, Ames, IA Phone: (515) Fax: (515) Page 3

4 Sample message: Dear Applicant/Petitioner: Your USCIS application/petition has been received and routed to the Nebraska Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number LIN With the official Receipt Notice (Form I-797) you may visit where you can check the status of your application using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status. This confirmation provides notification of the date USCIS received your application/petition. This notice does NOT grant any immigration status or benefit. You MAY NOT present this notice as evidence that you have been granted any immigration status or benefit. Further, this notice does NOT constitute evidence that your application remains pending with USCIS. The current status of your application/petition must be verified with USCIS. PLEASE DO NOT REPLY TO THIS MESSAGE When will I receive the or text message from USCIS? Approximately 2 3 weeks after your application is received by USCIS What if I don t get the or text message from USCIS? Contact the ISSO at or isso@iastate.edu How do I check the status of my application? Go to the Case Status box at Enter the receipt number listed in your or text message Generally stays here until a decision is made When will I receive word about my reinstatement from USCIS? USCIS may take 3-5 months or more to make a final decision regarding your reinstatement request. What do I do while my reinstatement application is pending? Must continue to enroll full time for each fall or spring semester (or summer if first semester) 12 credits for undergraduate students 9 credits for graduate students without an assistantship Credits as determined by the department as full time for students with a graduate assistantship If eligible, you may file a request for a reduced course load International Students and Scholars Office, 3248 Memorial Union, Ames, IA Phone: (515) Fax: (515) Page 4

5 May I travel outside the U.S. while my reinstatement is pending? No, if you leave the U.S. while the reinstatement is pending, your application is considered abandoned. What is the benefit of applying for a reinstatement? Violation is forgiven and you are returned to your former F-1 status Immediately eligible for all benefits of F-1 status for which you qualify once you receive the I-797 Approval Notice from USCIS On-campus employment Curricular Practical Training Optional Practical Training When will I be eligible to work on campus again or apply for CPT or OPT? Once you receive the original I-797 Approval Notice from USCIS How will I know my I-797 has arrived at ISSO? ISSO will send you an message to your ISU account Who should I contact if I don t hear from ISSO and it has been more than 30 days since the USCIS Case Status system indicates a decision has been made on my application? ISSO at or isso@iastate.edu What do I need to do if my reinstatement is approved? If the I-797 Approval Notice comes to your home address: Bring in the I-797 to ISSO to scan for our records The bottom of the I-797 is your new I-94 Be sure to keep both halves (divided by a dotted line) of the I-94 ISSO will restore your SEVIS record to ACTIVE status and issue you a new I-20 What happens if my application is denied? There is no formal appeal procedure if a reinstatement is denied. You will have 30 days to file a motion to re-open if there is new evidence that was not submitted with the original application What happens if I choose not to file a motion to re-open? You will be issued a notice of voluntary departure and will be expected to leave the United States F-1 visa is automatically canceled Permanently limited to applying for future nonimmigrant visas only in your country of citizenship or permanent residence Begin accumulating days of unlawful presence If you remain in the United States for over 180 days after the denial, you will be barred from the United States for three years If you remain in the United States for one year or more after the denial, you will be barred from the United States for ten years International Students and Scholars Office, 3248 Memorial Union, Ames, IA Phone: (515) Fax: (515) Page 5

6 What if I am taking classes and my application is denied? You have the option of filing for a motion with USCIS up to 30 days after your denial to re-open your case Filing for a motion to re-open will allow you to continue your classes until a final decision is made based on the new evidence you present If you do not file a motion to re-open, you would need to leave the country and would most likely have to pay tuition costs based on the ISU tuition adjustment schedule Can I file for reinstatement if I am planning to transfer to another school? Inform the new school that you need to file a reinstatement and ask if they will accept your SEVIS transfer If your new school agrees, you will need to complete the student transfer forms in Cystart: F-1 Immigration Information Transfer from ISU Iowa State will release your SEVIS record to the institution you will be attending Is there another option to return to valid F-1 status instead of applying for a reinstatement? Yes, a student may choose to travel and reenter the United States This is not the same as a reinstatement as the violation will remain on your previous SEVIS record This violation could affect your ability to obtain a new F-1 visa to return to the U.S. You reenter the U.S. with a new F-1 status Reentry limited to 30-day period prior to report date on new I-20 Not eligible to apply for CPT or OPT until you have enrolled full time for one academic year International Students and Scholars Office, 3248 Memorial Union, Ames, IA Phone: (515) Fax: (515) Page 6