Change of Status & Reinstatement

T he information below gives the overview of possible issues linked with Change of Status & Reinstatement.

Read carefully the information below on this page or choose the topic relevant to your case.

Change of Non-Immigrant Status

Some non-immigrants do not arrive in the U.S. through an F-1 Visa. During their stay in the U.S., they may decide to remain in the U.S. and change their visa status to F-1,  to study full-time.

 

Applicants who take this route must apply for a Change of Nonimmigrant Status with USCIS before their current non-immigrant visa expires. IAU specializes in processing admission for applicants who wish to change their non-immigrant status. We are in touch with the best paralegals and lawyers in the area to help students through this process.

 

Please note there is a fee for this request. For a list of legal professionalsawyers, paralegals, or to see if this is the right option for you, please email us at [email protected] or call us to make an appointment with a DSO!

Reinstatement of F-1 Status / Out of Status

IAU understands the importance of maintaining F-1 Status while studying in the United States. IAU We may assist students who have fallen out of status to regain F-1 Status through USCIS Reinstatement processing. This process may be quite lengthy and requires an explanation through documents as to why a student deserves to regain his or her F-1 Status with the Department of Homeland Security. Please note, not all applicants who have fallen out of status are eligible for Reinstatement through USCIS. In order to apply, an applicant you must meet the following requirements:

  1. Are currently enrolled or intend to enroll for a full-time course load.
  2. Can establish that the violation of status resulted from circumstances beyond the applicant’s your control.
  3. Have not engaged in unauthorized employment.
  4. Have not been out of status for more than 5 months.
  5. Do not have a history of repeated violations.
  6. Are not deportable from the US on any other grounds.
  7. Have been accepted or have gained re-admission into one of IAU’s programs.

Processing times for reinstatement applications vary; however, it may take between 6 months and 2 years for the application to be adjudicated by USCIS. Students are required to register full-time at the next available session before the reinstatement process may begin. During this period, students are not eligible for any type of employment or F-1 privileges  until the reinstatement is approved, and they may not exit the U.S.

IAU will process Reinstatement to regain F-1 Status on a CASE-BY-CASE basis. There is a fee for this request. To see if this is the right option for you, please email us at [email protected] or call us to make an appointment with a DSO!

Reinstatement by Traveling Outside US

Students with a valid F-1 Visa also have the option of traveling to regain status instead of applying for reinstatement. When students travel to regain status, students are issued a new Form I-20 for “Initial attendance” with a new SEVIS ID number. Students then leave the US and re-enter using the new Form I-20. When students re-enter the US and receive an I-94 marked “F-1 D/S”, students will once again be in valid F-1 status. However, if students choose to travel to regain status, students will forfeit any time accrued toward practical training eligibility. Students will need to be registered for one academic year in order to qualify for practical training and graduation.

Although this route may be faster than reinstatement, it is quite risky. Students who have a VALID F-1 Visa may travel to regain status. However, students who do NOT have a valid F-1 Visa must return to their HOME country to renew their F-1 Visa.

Please note there is a fee for this request. To see if this is the right option for you, please email us at [email protected] or call us to make an appointment with a DSO!