Obstacles to maintaining nonimmigrant status may arise, and you should consult the Office of International Students and Programs (OISP) to discuss options to avoid failing to maintain status. OISP, also, assists admitted applicants and current students with applications to reinstate to F-1 immigration status.
Phone: 614.797.4700
Email: oisp@franklin.edu
Address:
Franklin University
Office of International Students and Programs
201 S. Grant Ave.
Columbus, OH 43215
USA
Schedule appointments online at https://www.franklin.edu/appt/oisp.
In-person appointments:
Register at the Welcome Center in the Paul J. Otte Center for Student Services.
For US-based phone appointments:
We will call you at the number you provide.
International phone appointments:
We will invite you to a phone conference. View instructions under Joining the Meeting through a Phone Call.
Failure to maintain nonimmigrant status puts your rights and benefits of being in the U.S. at risk. If you violate regulations governing your F-1 status, your SEVIS record will be terminated, and you will lose federal and university benefits of F-1 status, such as lawful presence in the U.S., authorized employment, student employment position, and F-1 student insurance. Any depedents in F-2 status lose will be considered out of status, as well.
On August 9, 2018, USCIS published a revised policy memo (PM 602-1060.1) about “unlawful presence,” effective immediately. Essentially, this revised policy states that F-1 students and other nonimmigrants begin accruing unlawful presence the day after a status violation, such as remaining in the US:
One important reason to be mindful of unlawful presence is its impact on future travel to the US. According to INA 212(a)(9)(B), overstaying for 180 days can result in a 3-year bar to readmission to the US, and overstaying for over one year can result in a 10-year bar to readmission. While these are serious consequences, there are some exceptions that OISP can discuss with you. For example, departing the U.S. ends the count of days of unlawful presence, and being reinstated by USCIS to legal F-1 status can “reset the clock” on unlawful presence.
You are allowed to leave the U.S. prior to the completion of your studies. In certain situations, it may be best to consider authorized early withdrawal if you may not be able to maintain your nonimmigrant status. If approved for authorized early withdrawal by OISP, your SEVIS record will be temporarily terminated. Submit an Authorized Early Withdrawal request to OISP, and we'll be happy to discuss approval requirements, returning to the U.S., and other details.
To be eligible to apply to reinstate to F-1 status you must:
Reinstatement applications are submitted to and adjudicated by U.S. Citizenship and Immigration Services (USCIS). The process can take several months, and students are welcome to consult an immigration attorney for additional guidance on the application process.
First, resolve any issues that lead to termination of your F-1 status, such as unpaid balances or sponsorship problems. Submit financial documents to OISP for verification of sufficient funding and begin gathering all application materials. If you have dependent family members in F-2 dependent status, include their information and documents in your application. You will need to provide proof of sufficient funding for their stay, as well.
Once your financial documents have been verified, we will ask you to submit a request for a “reinstatement” I-20, indicating the term that you intend to resume F-1 status. You may need to pay the SEVIS I-901 fee online; keep copies of the receipt, if so.
If you have any difficulties gathering application materials or completing forms, contact OISP can give you advice or point you to helpful resources. We recommend scheduling an appointment to review the application with your international student advisor.
Once you are ready to submit the application to USCIS, send your application file by certified mail or courier. You will receive a receipt number from USCIS, which you can use to track the status of your application online.
If you move before the reinstatement application is received or adjudicated, you must change your address online at https://www.uscis.gov/addresschange, or call 1-800-375-5283. Failure to update your address with USCIS can have serious effects on your status in the U.S.
Effective March 22, 2019 USCIS requires applicants filing Form I-539 and co-applicants filing Form I-539A to pay an additional $85 biometrics fee and attend a biometric services appointment that will be scheduled at a USCIS Applicant Support Center (ACS).
Once USCIS adjudicates your application, you and OISP will receive official notice. If your reinstatement application is approved, you will be expected to resume your studies in compliance with F-1 regulations. If your application is denied, there are numerous consequences, including limitations on future visa applications and notice to appear before an immigration judge. The decision cannot be appealed, but a motion to reopen or reconsider may be filed if warranted.
A complete application to USCIS must include:
We recommend that you include a letter explaining the reason for your request to reinstate to F-1 status and Form G-1145.
If you have dependent(s), you must include for each co-applicant:
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