U.S. Student Visa Visa Reinstatement Process

1. How do I apply for a U.S. student visa reinstatement?


In order to apply for a U.S. student visa reinstatement, you must submit an I-539 form to the United States Citizenship and Immigration Services (USCIS). Along with the form, you must also submit evidence documenting your current academic and/or employment status, financial support, and the reasons for the violation. Additionally, you may need to pay a filing fee and attend an interview with a USCIS official in order to obtain a student visa reinstatement.

2. What is the time frame for student visa reinstatement?


The time frame for student visa reinstatement is typically three to twelve months. In some cases, it may take longer depending on the particular circumstances of the individual.

3. Is there a fee for visa reinstatement?


Yes, there is typically a fee for visa reinstatement. The exact fee varies depending on the country and type of visa being reinstated. For example, in the United States, the fee for a single-entry B-1 visitor visa is $270.

4. What documents do I need to submit for visa reinstatement?


The documents you will need to submit for visa reinstatement depend on the specific details of your case. Common documents include a letter or affidavit of support from a sponsor, evidence of financial support, proof of ties to your home country, and any other requested documents.

5. Are there any restrictions on who can apply for a visa reinstatement?


Yes, there are restrictions on who can apply for a visa reinstatement. Generally, only applicants who have been unlawfully present in the United States for 180 days or less are eligible to apply for a visa reinstatement. Individuals who have accrued more than 180 days of unlawful presence may not be eligible for a visa reinstatement. Additionally, applicants must demonstrate that they are otherwise admissible to the United States, that they have a compelling reason for requesting a waiver of inadmissibility, and that they merit a favorable exercise of discretion.

6. What happens if I am denied a visa reinstatement?


If you are denied a visa reinstatement, you will generally be required to leave the country and apply for a new visa from your home country or other approved location. You may also be required to pay a new application fee and may receive an immigration ban.

7. What is the process for appealing a denied visa reinstatement?


If your visa has been denied, you may file a motion to reopen or a motion to reconsider with the US Citizenship and Immigration Services (USCIS). You must provide evidence in support of your motion, such as documents that prove your case should be approved or overturn the previous decision. If the USCIS does not approve your motion, you may file an appeal with the Administrative Appeals Office (AAO). You must submit a brief and supporting evidence to the AAO to support your appeal. The AAO may approve or deny your appeal. If the AAO does not approve your appeal, you may file an appeal with the Court of Appeals for the circuit within which you reside. The court will review your case and issue a decision, which may be to uphold or overturn the USCIS decision.

8. Are there any exemptions or waivers available for visa reinstatement?


Yes, there are a few exemptions and waivers available for visa reinstatement, depending on the situation. These typically involve a showing of extreme hardship or other extraordinary circumstances. It is important to note, however, that these exemptions and waivers must be applied for and approved by the USCIS before the visa can be reinstated.

9. How long does the visa reinstatement decision process take?


The visa reinstatement decision process can take several weeks or even months. However, the exact amount of time depends on the complexity of the case and the availability of the USCIS.

10. What information do I need to provide to support my visa reinstatement application?


You will need to provide your full name, date of birth, passport number, current address, the reason for your visa revocation, and any other relevant supporting documents such as a letter from your employer or school. You may also need to provide a detailed explanation of why you are seeking to reinstate your visa including any relevant supporting evidence.

11. Can I work while my visa reinstatement application is pending?


No, you may not work while your visa reinstatement application is pending. If you do, it may be considered grounds for refusal of the application.

12. What happens if I leave the United States while my visa reinstatement application is pending?


If you leave the United States while your visa reinstatement application is pending, your application will be denied. This means that you will need to submit a new application when you return to the United States.

13. Is there a deadline to submit documents in support of my visa reinstatement application?


Yes, the deadline is usually within 60 days of the date of the termination of your visa status.

14. Can I travel outside of the United States while my visa reinstatement application is pending?


No. If you leave the U.S. while your visa reinstatement application is pending, you will be considered to have abandoned the application and your application will be denied.

15. Does being granted a visa reinstatement guarantee admission into the U.S.?


No, being granted a visa reinstatement does not guarantee admission into the U.S. The visa holder must still present themselves at the port of entry and must be found eligible for admission by the U.S. Customs and Border Protection officer.

16. Is there an interview required to obtain a student visa reinstatement?


Yes, some schools require an interview for student visa reinstatement.

17. Is there an appeal process for an unfavorable decision on my student visa reinstatement application?


Yes, if your student visa reinstatement application is denied, you may appeal the decision by submitting an appeal to the US Embassy or consulate that issued your visa. Your appeal must include supporting evidence and a detailed explanation of why the decision should be reversed.

18. Are there any special considerations for certain classes of students applying for visa reinstatement?


Yes, there are special considerations for certain classes of students applying for visa reinstatement, including:

– International students who have had significant medical issues or have experienced extreme hardship due to circumstances outside their control may be eligible for a reinstatement of their visa.

– International students who have been victims of crime or have had their academic standing affected due to extenuating circumstances may also be eligible for a reinstatement of their visa.

– U.S. immigration officials may show leniency toward international students who can demonstrate that they have taken proactive steps to resolve the circumstances that caused them to violate the terms of their visa.

19. Are there any additional requirements to obtain a student visa if my home country has recently changed its immigration rules or policies?


Yes, additional requirements may be necessary to obtain a student visa if your home country has recently changed its immigration rules or policies. Depending on the specific changes, you may need to provide additional documentation or evidence to demonstrate that you meet the new requirements for entry into the country. Additionally, it is important to check and make sure that your visa is still valid and up-to-date, as new immigration rules or policies may require you to apply for a new or updated visa.

20. What are the consequences of failing to comply with the terms of a student visa during my stay in the United States?


If you fail to comply with the terms of your student visa, you could be subject to deportation, fines, and/or other penalties. Depending on the severity of the violation, you could also be banned from returning to the United States for a period of time.