Reinstatement

The U.S. government requires international students to comply with specific rules pertaining to their stay in the country. The ability to study, work, and travel in and out of the United States depends on maintaining lawful student status through compliance with these rules. Failure to comply - whether intentional or not - leads to a loss status, gernally referred to as being "out of status." Loss of status results in the immediate terminatation of eligibility for such immigration benefits as employment, extension of stay, school or academic program transfer, or travel re-certification. Once out of status, students must seek reinstatement to lawful status in order to regain eligibility for immigration benefits.

The following is an overview of the causes and potential remedies for being out of status. Students needing to apply for reinstatement to F-1 or J-1 status must see their designated school official or exchange visitor program sponsor for detailed instructions.

J-1 Students

F-1 Students
F-1 students lose their status by

• failing to pusue full-time study without prior OISS approval
• failing to make normal progress toward degree completion
• failing to apply for program extension before the expiration of the I-20
• transferring from one institution to another without completing the transfer process within prescribed time limits
• failing to complete the change of program process within prescribed time limits

Reinstatement is not possible for students who have engaged in unauthorized employment or students whose violation of status took place more than five (5) months prior to filing the application.

Eligibility for Reinstatement
To be reinstated students must

• be pursuing or intend to pursue a full course of study at NYU
• have sufficient financial resources to register for a full course of study
• document that loss of status was due to circumstances beyond your control or that failure to be reinstated would result in extreme personal hardship
• document that the violation took place less than 5 months ago from the date of reinstatement application

Procedures
The student meets with an OISS advisor to obtain an I-20 for reinstatement, providing the following documents

• a letter detailing the nature of and reasons for the violation of F-1 regulations,
• updated financial documentation, and
• supporting letters from the academic advisor, undergraduate dean, or director of graduate studies, if necessary

If the student is eligible to pursue reinstatement, the OISS will produce a new I-20 issued for this purpose.

The student then submits the following to the USCIS

• original I-94 card
• a completed USCIS Form I-539 (available at the OISS)
• a check or money order made payable to Department of Homeland Security in the amount of $300
• copies of passport and visa
• the new NYU I-20
• copies of financial documents
• letter of explanation requesting reinstatement to F-1 status

The application is mailed to the local USCIS office having jurisdiction over the student's place of residence as indicated on Form I-539. Students are urged to consult with an OISS advisor prior to submitting the application.

The USCIS will determine the F-1 student's eligibility for reinstatement and notify the student of the decision in writing, returning the I-94 card and new I-20. Students whose application is denied must see an OISS advisor immediately.

Students may not be employed while out of status.