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Petition For Reinstatement To F-1 Student Status

A student who fails to maintain F-1 student status should apply for reinstatement with the U.S. Citizenship & Immigration Services (USCIS). Examples of how a student may fail to maintain status are:

  • Failure to complete the I-20 transfer procedure on time when changing schools or academic (degree or certificate) programs.

  • Failure to apply on time for an extension of program before I-20 expires.

  • Failure to complete a full-course of study during a semester (without a valid exception as determined by USCIS regulations).

A student who is out of status is not eligible for on-campus employment, practical training or any other F-1 student benefit until an application for reinstatement to F-1 student status has been approved by the USCIS.

Current USCIS regulations make it extremely difficult to approve an application for reinstatement. Students who are "out-of-status" are able to apply for reinstatement if they can satisfy both of the following two conditions:

  1. Must not have been out-of-status for more than 5 months (unless you can show "exceptional circumstances" beyond your control such as serious injury or illness, natural disaster, closure of your school, or due to "inadvertence, oversight, or neglect on the part of the DSO." and

  2. Does not have a record of repeated or willful violations of USCIS regulations.

Please call the Office of International Programs (OIP) at 831-582-3512 to schedule an appointment to meet with an International Student Advisor AFTER you have ALL of the following Application Documents. Please remember to bring ALL of the following documents with you to your appointment:

Application Documents

  1. Letter of Explanation. Write a one-page (no longer) letter that explains in detail the circumstances or reasons which caused you to violate your F-1 student status. Include evidence supporting your case, if possible. Your letter must include the following points:

    1. You are currently enrolled as a full-time student and/or that you intend to pursue a full course of study for the next semester (undergraduates/12 units; graduates/8 units).

    2. You have not been employed off campus without authorization.

    3. You have not violated any other immigration regulations.

    4. Your failure to maintain F-1 student status was due to circumstances beyond your control.

    5. Failure to receive reinstatement to student status would result in extreme hardship.

  2. Your original I-20 ID and a new I-20 form (for reinstatement purposes). To obtain a new I-20 form from the Office of International Programs, you must complete an "F-1 Document Request Form".

  3. Copies of all PRIOR Form I-20s from previous schools you were authorized to attend.

  4. I-539 Form (available from the Office of International Programs). On Part 2, Question #1a, please write "reinstatement to F-1 student status). On Part 3, Question #1, please write "D/S."

  5. Transcripts. Official copy of your university transcript at CSUMB and official transcripts from any other U.S. schools you may have attended.

  6. Proof of financial support from your sponsor - original and current (less then 6 months old).

  7. Your original I-94 Form (the white card in your passport).

  8. Photocopy of your passport. Include biographical data page(s), expiration date, and F-1 visa stamp.

  9. $200.00 application fee (make your check payable to the USCIS).

  10. SEVIS Fee ($100) Payment Receipt (required if you have been "out of status" more than 5 months). Beginning September 1, 2004, a new United States Department of Homeland Security (DHS) rule went into effect.  This rule requires F-1 and J-1 visa applicants to pay a one-time fee of $100 to supplement the administration and maintenance costs of the Student and Exchange Information System (SEVIS).


How do I pay the fee?

The fee can be paid to the DHS by mail or online and must be accompanied by a Form I-901.  It can be paid by you or by a third party, inside or outside the US.


To Pay By Mail

  1. Obtain a Form I-901 "Fee Remittance for Certain F, J, and M Non-immigrants."

    • Download the form from www.FMJfee.com

    • Request the form by phone at 1-800-870-3676 (inside the US)

  2. Complete the Form I-901. Be sure to write your name exactly as it appears on your I-20 form.

  3. Prepare a check, international money order or foreign draft (drawn on US banks only 1 ) in the amount of $100 USD, made payable to "The Department of Homeland Security"

  4. Mail the completed I-901 and payment to the address listed on Form I-901).

  5. A Form I-797 receipt notice should be mailed within 3 days of processing the fee.  Be sure to make copies of your receipt, and keep it with your other important immigration documents


To Pay Online

  1. Find the Form I-901 at www.FMJfee.com.

  2. Complete the form online and supply the necessary Visa, MasterCard or American Express information.  *Be sure to write your name exactly as it appears on your I-20 form.

  3. Print a copy of the online receipt.

  4. Be sure to make copies of your receipt, and keep it with your other important immigration documents


Application Procedures

  1. After you have written your letter of explanation and have obtained all of the required documents, you will need to make an appointment with an International Student Advisor in the Office of International Programs. After discussing your situation, the Advisor will write a support letter on your behalf.

  2. Once your application is complete and has been reviewed by an International Student Advisor, you will submit your application and $200.00 application fee to:


    U.S. Citizenship & Immigration Services Office (USCIS)
    630 Sansome Street, San Francisco,
    CA 94111, Attn: Reinstatement

    We recommend that you send your application via certified mail (return receipt requested) so that you have verification that your application was received by the USCIS.

  3. Once you receive a response from the USCIS, please inform the Office of International Programs. We will then make a copy of the response from USCIS and adjust your records accordingly.

If you have any questions or if you need any assistance, please call the Office of International Programs at 831-582-3512 or come by our office.

 
CSU Monterey Bay, 100 Campus Center, Building 58, Seaside, CA 93955-8001, 831-582-4735 | Last updated 10/11/06