F-1 reinstatement - urgent help needed !!!

Dante001

New Member
I am an F-1 student whose I-20 and I-94 have expired. I have not been able to renew them on time (obviously, due to extraordinary circumstances beyond my control).
I am currently trying to apply for reinstatement of my F-1 status with the help of FORM I-539.

The form requires the submission of the I-20 given by the school where one will study.
But in order to receive the I-20, the student needs to show the school a valid I-94 (which is what I am applying for with FORM I-539).

So here is my question:
How can a student have his F-1 status reinstated (I-94) if the I-20 he needs to provide with FORM I-539 cannot be given by the school unless he shows the school that same I-94 he is applying for ?



ANY HELPFUL CLARIFICATION ON THIS MATTER WILL BE GREATLY APPRECIATED !!!

Thank you.
 
You need to talk to your DSO about your correct course of action. A DSO is authorized to allow you to fall below a full course load under certain circumstances. You need to explore that option first. Your DSO decides when you are out of status. Your DSO inputs your info into SEVIS. Read the regulations.

8 CFR 214.2 (f)

(6) Full course of study —(i) General. Successful completion of the full course of study must lead to the attainment of a specific educational or professional objective. A course of study at an institution not approved for attendance by foreign students as provided in §214.3(a)(3) does not satisfy this requirement. A “full course of study” as required by section 101(a)(15)(F)(i) of the Act means:

(iii) Reduced course load. The designated school official may allow an F–1 student to engage in less than a full course of study as provided in this paragraph (f)(6)(iii). Except as otherwise noted, a reduced course load must consist of at least six semester or quarter hours, or half the clock hours required for a full course of study. A student who drops below a full course of study without the prior approval of the DSO will be considered out of status. On-campus employment pursuant to the terms of a scholarship, fellowship, or assistantship is deemed to be part of the academic program of a student otherwise taking a full course of study.

(A) Academic difficulties. The DSO may authorize a reduced course load on account of a student's initial difficulty with the English language or reading requirements, unfamiliarity with U.S. teaching methods, or improper course level placement. The student must resume a full course of study at the next available term, session, or semester, excluding a summer session, in order to maintain student status. A student previously authorized to drop below a full course of study due to academic difficulties is not eligible for a second authorization by the DSO due to academic difficulties while pursuing a course of study at that program level. A student authorized to drop below a full course of study for academic difficulties while pursuing a course of study at a particular program level may still be authorized for a reduced course load due to an illness medical condition as provided for in paragraph (B) of this section.

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8 CFR 214.2 (f)

(16) Reinstatement to student status —(i) General. The district director may consider reinstating a student who makes a request for reinstatement on Form I–539, Application to Extend/Change Nonimmigrant Status, accompanied by a properly completed SEVIS Form I–20 indicating the DSO's recommendation for reinstatement (or a properly completed Form I–20A-B issued prior to January 30, 2003, from the school the student is attending or intends to attend prior to August 1, 2003). The district director may consider granting the request if the student:

(A) Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);

(B) Does not have a record of repeated or willful violations of Service regulations;

(C) Is currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I–20;

(D) Has not engaged in unauthorized employment;

(E) Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act; and

(F) Establishes to the satisfaction of the Service, by a detailed showing, either that:

( 1 ) The violation of status resulted from circumstances beyond the student's control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for reinstatement; or

( 2 ) The violation relates to a reduction in the student's course load that would have been within a DSO's power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.

(ii) Decision. If the Service reinstates the student, the Service shall endorse the student's copy of Form I–20 to indicate the student has been reinstated and return the form to the student. If the Form I–20 is from a non-SEVIS school, the school copy will be forwarded to the school. If the Form I–20 is from a SEVIS school, the adjudicating officer will update SEVIS to reflect the Service's decision. In either case, if the Service does not reinstate the student, the student may not appeal that decision.
 
2. A new, original, I-20 created for you by the ISSO for the purposes of reinstatement which you have signed and dated. You must send the original I-20 for reinstatement applications

Could you please clarify something for me?

You are one of the people who helped answering my questions regarding an F-1 REINSTATEMENT issue.
(It won't be necessary for you to remember all the details).

As I am now getting close to finishing putting together all the needed documents, I still have one important question.

You told me that one of the documents I need for my I-539 application is: "A new, original, I-20 created for you by the ISSO for the purposes of reinstatement which you have signed and dated. You must send the original I-20 for reinstatement applications".

That, I perfectly understand. But does "for the purpose of reinstatement" mean I do not have to show the ISSO the Financial documentation proving my ability to pay for my studies? Or do I have to show it to both the USCIS and the ISSO?


Thank you again for your help.
 
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