Resolving Status Problems

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Resolving Status Problems

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.

Contact OISP

Contact Information

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

Office Hours

Available virtually and by phone:
Monday - Friday: 9:00am - 5:00pm

Available in person by appointment only:
Monday - Wednesday: 9:00am - 5:00pm

All times listed are Eastern Time (ET).

Schedule An Appointment

Prospective Franklin students: click here to schedule an appointment with a member of the international admissions team.

Current Franklin students: click here to schedule an appointment with an international advising coordinator.

For in-person appointments, free parking is available in lot adjacent to the Paul J. Otte Center for Student Services. Notify the Welcome Center staff when you have arrived.

When scheduling a phone appointment, provide a U.S. phone number, and we will call you at the scheduled time. If you do not have a U.S. phone number, please schedule a virtual appointment.

When scheduling a virtual appointment, provide an email address you check regularly, and we will send you a link to a Microsoft Teams meeting. View Microsoft Teams instructions.

Importance of Maintaining Status

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:

after your SEVIS record is terminated for failure to enroll in classes before the SEVIS reporting deadline,
after your SEVIS record auto-completes after a grace period, or
after you are granted authorized early withdrawal but do not depart the country within the 15-day grace period.

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.

Authorized Early Withdrawal

Reinstatement to F-1 Status

Eligibility to Reinstate to F-1 Status

To be eligible to apply to reinstate to F-1 status you must:

Be unconditionally admitted to a Franklin University program offered to F-1 students
Be eligible to enroll in the next available term
Submit sufficient financial sponsorship documents
Explain how failure to maintain your status was outside your control
Have not been employed without authorization
Not be deportable due to any other reason

Reinstatement Application Procedure

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.

Application Materials

A complete application to USCIS must include:

Form I-539
Form I-539 Application Fee
Biometric Services Fee
Copy of reinstatement Form I-20
Proof of payment of SEVIS I-901 fee, if out of status more than 5 months
Copy of Form I-94
Copies of current status documents, visa, and passport ID pages
Copies of financial documents
Copies of transcripts
Proof of enrollment in a full course of study

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:

Dependent’s Form I-20
Form I-539A Supplement
Copy of dependent’s passport, visa and I-94 card
Biometric services fee

Resolving Status Problems

Contact OISP

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