You qualify for reinstatement if the following applies to you. Approval for reinstatement is at the discretion of USCIS. While in the reinstatement process, you are not eligible for benefits. These benefits include but not limited to, on-campus or off-campus employment, renewal of driver’s license, reduced course load, or be issued a letter of good standing.
The regulations state that curricular practical training must be “an integral part of an established curriculum.” They define curricular practical training as “alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school.”
Preconditions – Students must have been lawfully enrolled on a full-time basis at a DHS-approved school for one full academic year before being eligible for CPT. Available only while student is in F-1 status, before completion of the educational objective.
For additional information see the Designated School Official. Documents to bring with you when you meet with your DSO:
Information necessary to process Curricular Practical Training CPT:
Cannot being CPT until approved by DSO and advisor or dean and listed on I-20.
Failure to maintain F-1 status results in the termination of your I-20. You have the option to apply for reinstatement with the U.S. Department of Homeland Security through the U.S. Citizenship and Immigration Services (USCIS) or depart the U.S. and seek a new admission to the U.S. in F-1 status.
A student who departs and attempts to reenter with a new Form I-20 will, if successful, be treated as a new student and will not be able to count time spent during the first I-20 on F1 status toward benefits such as eligibility for curricular practical training or OPT.
Leaving the US for Temporary Absence
(vacation, holiday, sickness, family emergency)
For re-entry into the United States, you must have the following:
Obtaining a valid Visa if yours is expired:
To apply for reinstatement, download form I-539and complete form. Make an appointment with the DSO and bring with you the I-539 form along with the items listed below.
Your DSO may choose to write a letter of support to include with your application. Ask your DSO to do this if the reason for falling out of status could have been prevented by the DSO. The student will also be required to satisfy USCIS that he or she would be able to comply with the requirements of F1 status after reinstatement.
A student that is approved for reinstatement should remember that your pre-violation student time still counts to your benefit. If you will be applying for any benefits that require you to add up how much time you have been a student—such as a practical training work permit that requires one academic year of F-1 student status—you can count the months before you violated your status as well as the months after you were reinstated. The months in between, however, don’t count.
INA 222(g) (overstay and visa cancellation) and 212(a)(9)B) (unlawful presence) are two penalty provisions that can be activated if a request for reinstatement is denied. Since reinstatement by definition consists of a finding by USCIS that there has been a status violation, the denial of a reinstatement application would in all likelihood be considered a “formal finding of a status violation.., resulting in the termination of the period of stay authorized by the Attorney General.” Under the most recent guidance on the applicability of INA 222(g) and 212(a)(9)(B), the reinstatement denial would have the following effects, as of the date of the denial:
The visa that you used to enter the United States is automatically cancelled;
You are permanently limited to applying for nonimmigrant visas in the future only in your country of citizenship or permanent residence;
If reinstatement is denied, the student is considered to have lost F1 status, and his or her visa will be invalidated in accordance with section 222(g) of the Immigration and Nationality Act (INA). Accordingly, the student is required to immediately depart the United States.
No announcements at this time