As a F1 student on a student visa in the US, the student must always have a valid student visa during the duration of study.
The student can apply for reinstatement if she/he meet certain requirements such as:
- Failed to maintain the terms of his or her immigration status; therefore, a DSO terminated the record as a result.
- Will resume full-time study.
- Can prove eligibility for reinstatement according to F-1 or M-1 regulations.
Reinstatement Eligibility, Regulations and Policy Guidance
In general, to be eligible for reinstatement, the student must:
- Not be out of status for more than five months at the time of filing or show the exceptional circumstance that prevented filing in that time frame.
- Not have a record of repeated or willful violations of regulations.
- Not have worked without authorization.
- Be pursuing or intend to pursue a full course of study in the immediate future at your school.
- Not be deportable for any reason other than failing to maintain F-1 or M-1 status.
- Be able to show that:
- Circumstances beyond the student’s control caused the status violation.
- Student fell below a full course load for a reason the DSO could have used to authorize a reduced course load, and the student would experience extreme hardship, if the student fails to get reinstatement.
- Regulations for Reinstatement can be found on F-1 reinstatement: 8 CFR 214.2(f)(16).
If you need reinstatement, please contact the Law Office of Elizabeth Anu Lawrence, LLC. on 410.986.0088, 443.352.3201 or email us at infor@elawrencelaw.com for legal help.