Many people come to the United States to get an education, a degree and then to continue on with their lives through employment visas. They get the F-1 Visa and attend the school of their dreams. However, in many cases, that same person might have some financial problems. His or her parents might no longer be able to pay for school, and therefore, that f-1 person goes out of status. Perhaps, the person got sick and drops below full-time. Other situations include when the person might get below a a passing grade. All of these examples lead the F-1 student to fall out of F-1 status.
When the student falls out of F-1 Status, they will not be allowed to continue with their school, they cannot get a work permit, and everything seems to fall apart. However, there is a way out. An F-1 Reinstatement application can be filed. This is an application whereby if approved, all your illegal stay in the U.S. and F-1 violations are forgotten and you will then be issued an new I-20 and be able to attend school again. You are retroactively put back into legal F-1 status. Thus, your status is 'reinstated'.
It is certainly not guaranteed to get the reinstatement approved. Therefore, the official must be convinced to grant the reinstatement. This is done through persuasive arguments in the cover letter as well as the supporting declaration. It is done through properly explaining why you went out of status in the first place and how you have rectified the situation and will be able to maintain proper status in the U.S. at school. This is a very important application as it is one of the few that simply forgets all the time you were out of status and illegal and allows you to move forward with your life and education if granted.
Without having the F-1 reinstated, you simply cannot continue with your education, nor can you apply for the H-1B work permit, nor can you later apply for the PERM, I-140 employment petition and ultimately, the adjustment of status application. While you could leave the U.S. and try to just get another F-1, the problems are not that easy. You would not be subject to the 10 year bar. However, because you were out of status, the consular official could deny another F-1 based on his or her belief that you do not intend to follow the terms of the F-1 Visa and/or that you will not return back to your home country once the education is done.
The cover letter here was prepared by a qualified and expert immigration attorney in the U.S. who has been practicing immigration law for nearly 30 years. It is the next best thing to having an attorney do the F-1 Reinstatement Application without having to pay an attorney. Take advantage of this petition and show everything you can to try to get approved. Do not get lulled into the false belief that it is easy to get an F-1 status reinstated and pose no problems.
This particular sample is an actual F-1 Reinstatement Application where it is filed inside the U.S. and there is no need to leave the U.S. It assumes there the person in fact was validly on F-1 status, is inside the U.S., fell out of status and now wants to go back to school and get back in legal status. Note that our library includes not only this F-1 reinstatement application, but also multiple types of work-permits such
as the H-1B Specialty Occupation Visa Petition, the O-1 Extraordinary Alien Petition, PERM examples, I-140 Applications and many more. If you enjoy this F-1 Reinstatement Petition and it makes your life easier, then come back and try the other immigration applications and petitions.
Either way, we certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well.
