Conditions for Approval for Reinstatement
To qualify for reinstatement of student status:
- You have not been out of status for more than five months prior to filing for reinstatement.
- You do not have a record of repeated or willful violations.
- You are not pursuing, or intending to pursue, a full course of study in the immediate future at the school that issued the I-20.
- You have not engaged in unauthorized employment.
- You are not deportable on any ground other than section 237(a)(1)(B) or (c)(i) of the Act (that is, overstaying or failing to maintain status).
- Your status violation resulted from either:
- Circumstances beyond your control. For example, serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO. Acceptable circumstances do not include repeated violations by you or your willful failure resulted in the need for reinstatement.
- A reduction in your course load that would have been within a DSO's power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.
This is not an exclusive list, but it does illustrate the nature of the circumstances that an adjudicator might consider "beyond a student's control."