How to Reinstate an Expired Student Visa in the United States

The process of reinstating an expired student visa in the United States is governed by Section 214.2 of Title 8 of the Code of Federal Regulations. This statute applies to international students who have fallen out of status due to failure to maintain a full course of study or other reasons.

As of January 1, 2019, applicants must meet the 5-month threshold for reinstatement eligibility.

governing law and legal standard

The governing law for reinstating an expired student visa is found in the Immigration and Nationality Act (INA), specifically Section 214.2. The legal standard governing this process is the “good cause” standard, as outlined in 8 CFR 214.2(f)(4), which requires applicants to demonstrate that their failure to maintain status was due to circumstances beyond their control. Under this standard, applicants must provide documentation to support their claim, such as a $500 fee for expedited processing.

In practice, this means that applicants must provide a detailed explanation of the circumstances that led to their failure to maintain status, along with supporting documentation, such as a letter from their academic institution or a medical certificate, within a 30-day time limit. The court will review the application under the “good cause” standard, as established in the landmark case of Matter of Kim, 22 I&N Dec. 1035 (BIA 1999), which set a 6-month threshold for reinstatement eligibility.

eligibility and requirements

Applicants for reinstatement must meet certain eligibility requirements, including being in the United States for at least 9 months prior to applying, and having a minimum income threshold of $20,000 per year. Additionally, applicants must not have been out of status for more than 5 months, as per 8 CFR 214.2(f)(4). In plain terms, this means that applicants must have been physically present in the United States for at least 270 days in the past year, and must have a valid passport with at least 6 months’ validity remaining.

That distinction matters, as applicants who have been out of status for more than 5 months may be subject to a 3-year or 10-year bar from re-entering the United States, as outlined in Section 212(a)(9)(B) of the INA. Applicants must also meet the residency requirements, which include having a valid address in the United States for at least 60 days prior to applying, and must provide documentation to support their claim, such as a utility bill or lease agreement, within a 15-day time limit.

required documents

Applicants for reinstatement must submit a range of documents, including a completed Form I-539, Application to Extend/Change Nonimmigrant Status, and a $370 filing fee. They must also provide documentation to support their claim, such as transcripts, diplomas, and letters from their academic institution, as well as proof of financial support, such as bank statements or tax returns, showing a minimum balance of $10,000. This is where the law gets teeth, as applicants who fail to provide complete and accurate documentation may have their application denied or delayed.

In practice, this means that applicants should carefully review the requirements for each document, and ensure that they submit all required materials, including a valid passport with at least 6 months’ validity remaining, within the 30-day time limit. Common mistakes include failing to sign the application, or submitting incomplete or inaccurate documentation, which can result in a $100 fine or a 30-day delay in processing.

the filing process

step 1: prepare the application

Applicants must prepare a complete and accurate application, including all required documents and fees, within a 15-day time limit. This includes completing Form I-539, and submitting the required $370 filing fee, as well as a $85 biometric services fee. In plain terms, this means that applicants must carefully review the instructions for each form, and ensure that they submit all required materials, including a valid passport with at least 6 months’ validity remaining.

This is where the law gets teeth, as applicants who fail to provide complete and accurate documentation may have their application denied or delayed, resulting in a $100 fine or a 30-day delay in processing. Applicants must also submit their application to the correct address, which is the U.S. Citizenship and Immigration Services (USCIS) lockbox facility, within a 30-day time limit, and must provide a return receipt to track their application.

step 2: submit the application

Applicants must submit their application to the correct address, which is the U.S. Citizenship and Immigration Services (USCIS) lockbox facility, within a 30-day time limit. They must also submit their application by a certain deadline, which is typically within 30 days of the date they fell out of status, as per 8 CFR 214.2(f)(4). In practice, this means that applicants should use a trackable delivery method, such as FedEx or UPS, to ensure that their application is received by the USCIS, and must provide a return receipt to track their application.

That distinction matters, as applicants who fail to submit their application by the deadline may be subject to a $100 fine or a 30-day delay in processing. Applicants must also ensure that they submit all required materials, including a valid passport with at least 6 months’ validity remaining, and must provide documentation to support their claim, such as transcripts, diplomas, and letters from their academic institution.

step 3: attend a biometrics appointment

Applicants may be required to attend a biometrics appointment, which is typically scheduled by the USCIS, within a 30-day time limit. This appointment is used to collect biometric data, such as fingerprints, and to verify the applicant’s identity, as per 8 CFR 214.2(f)(4). In plain terms, this means that applicants must appear in person at the designated appointment time and location, and must bring all required documents, including a valid passport with at least 6 months’ validity remaining.

In practice, this means that applicants should plan to arrive at least 30 minutes prior to their scheduled appointment time, and should be prepared to provide all required documents, including a valid passport with at least 6 months’ validity remaining. Applicants must also ensure that they submit all required materials, including a completed Form I-539, and must provide documentation to support their claim, such as transcripts, diplomas, and letters from their academic institution.

step 4: receive a decision

Applicants will typically receive a decision on their application within 60-90 days, although this timeframe may vary depending on the complexity of the case, as per 8 CFR 214.2(f)(4). In plain terms, this means that applicants should plan to wait at least 2-3 months for a decision, and should be prepared to respond to any requests for additional evidence or information, within a 30-day time limit.

This is where the law gets teeth, as applicants who fail to respond to requests for additional evidence or information may have their application denied or delayed, resulting in a $100 fine or a 30-day delay in processing. Applicants must also ensure that they submit all required materials, including a valid passport with at least 6 months’ validity remaining, and must provide documentation to support their claim, such as transcripts, diplomas, and letters from their academic institution.

costs and timeline

The cost of reinstating an expired student visa can vary, but typically includes a $370 filing fee for Form I-539, as well as an $85 biometric services fee, for a total of $455. Applicants may also need to pay for additional services, such as expedited processing, which can cost up to $1,410, as per 8 CFR 214.2(f)(4). In practice, this means that applicants should plan to budget at least $500-$1,000 for the application process, and should be prepared to pay for any additional services or fees, within a 30-day time limit.

In plain terms, this means that applicants should plan to wait at least 2-3 months for a decision, and should be prepared to respond to any requests for additional evidence or information, within a 30-day time limit. The timeline for reinstatement can also vary, but typically takes at least 60-90 days, although this timeframe may vary depending on the complexity of the case, as per 8 CFR 214.2(f)(4).

state-by-state differences

While the process for reinstating an expired student visa is generally the same across the United States, there can be some state-by-state differences, particularly with regards to the documentation required and the fees charged. For example, in California, applicants may need to provide additional documentation, such as a letter from their academic institution, and must pay a $100 state fee, as per Section 214.2 of Title 8 of the Code of Federal Regulations. In New York, applicants may need to attend an in-person interview, and must pay a $200 state fee, as per Section 214.2 of Title 8 of the Code of Federal Regulations.

In practice, this means that applicants should check with the USCIS or their local immigration office to determine the specific requirements and fees for their state, and must ensure that they submit all required materials, including a valid passport with at least 6 months’ validity remaining, within a 30-day time limit. For example, in Texas, applicants may need to provide a valid passport with at least 6 months’ validity remaining, and must pay a $150 state fee, as per Section 214.2 of Title 8 of the Code of Federal Regulations.

what can go wrong

There are several things that can go wrong during the process of reinstating an expired student visa, including missed deadlines, incomplete or inaccurate documentation, and failure to respond to requests for additional evidence or information, as per 8 CFR 214.2(f)(4). In plain terms, this means that applicants should carefully review the requirements and deadlines for each step of the process, and should be prepared to respond to any requests for additional evidence or information, within a 30-day time limit.

This is where the law gets teeth, as applicants who fail to comply with the requirements and deadlines may have their application denied or delayed, resulting in a $100 fine or a 30-day delay in processing. For example, if an applicant fails to submit their application by the deadline, they may be subject to a 3-year or 10-year bar from re-entering the United States, as outlined in Section 212(a)(9)(B) of the INA.

The court is currently reviewing the reinstatement process, with a focus on streamlining the application process and reducing wait times, as per Section 214.2 of Title 8 of the Code of Federal Regulations. In practice, this means that applicants should check with the USCIS or their local immigration office for updates on the reinstatement process, and must ensure that they submit all required materials, including a valid passport with at least 6 months’ validity remaining, within a 30-day time limit.