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Coronavirus (COVID-19) Community Updates
For updated information related to NJIT’s response to the Coronavirus health crisis, please see complete announcement of new measures.
For updated information related to NJIT’s response to the Coronavirus health crisis, please see complete announcement of new measures.
When you are admitted to the United States in F-1 status, you must meet set requirement in order to maintain status.
Failure to do so may result in a violation of status, and the need to reestablish your status in order to continue pursuing your degree in the U.S.
There are 2 ways to gain F-1 Status after a violation or loss of legal status: depart the U.S. and return with a new Form I-20 and SEVIS record, or, remain in the U.S. and apply for Reinstatement to F1 Status with USCIS.
Students will need to request a new form I-20 by submitting the Application for Form I-20 and proof of sufficient funding.
When you chose to travel and re-enter with a new SEVIS Form I-20:
Traveling and re-entering the US will grant individuals F-1 Student status immediately upon re-entry to the US (as long as they enter with the Form I-20 and a valid F1 Visa). This is a more immediate option to gain F-1 status, versus applying for reinstatement with USCIS (applications may take up to 12+months for a decision, and approval is not guaranteed).
All students considering reinstatement must review this information carefully and discuss their options with an international adviser prior to applying. Processing time for reinstatement applications with USCIS can be 8-12 months.
You are considered to be in lawful status in the U.S. while your application is being processed. You are required to continue to study, but you are not eligible to work on or off campus.
If you depart the U.S. while your application is pending, USCIS will consider that you abandoned your petition, and your application will be denied.
If your request for reinstatement is denied, you will have to depart the U.S. immediately.
Additionally, following a reinstatement denial, there is an official record of a "violation of status" in your immigration record. Status violations can impact eligibility for future immigration benefits, such as adjustment of status.
Your letter to USCIS
Your letter to USCIS is very important to this application; this is your chance to explain to the government why you violated your status. This information is meant to serve as guide; you may or may not use these suggestions to write your letter.
The letter should establish convincingly that the violation resulted from circumstances beyond your control or relates to a reduction in course load that would have been within the international student adviser’s power to authorize. If related to a failure to obtain a reduced course load authorization, the letter will also have to establish the nature of the extreme hardship the student would face if reinstatement were not granted.
Your letter does not need to be long or complicated; it can be divided into 3 main paragraphs:
Paragraph 1: Explain if the violation of status was due to a situation beyond your control, or that your international adviser would have granted you a reduced course load.
Paragraph 2: Plea your case! Explain why your deserve reinstatement to F-1 status.
Paragraph 3: Explain what would happen if you don’t get reinstated.
Mailing Instructions to USCIS
For Express mail and courier deliveries (DHL, FedEx or UPS): |
For U.S. Postal Service (USPS): USCIS |
OGI recommends that students make a photocopy of all documents in their application package prior to shipment, and send the application with a tracking number or delivery confirmation requested.
USCIS officials may mail a Request for Further Evidence to your U.S. address if they require any additional information. Contact OGI immediately if you receive any notices.