J-1 Student Reinstatement
If you fail to maintain your J-1 nonimmigrant status for any reason, you may need to apply for a reinstatement. It is imperative that you speak with an ISSS advisor to discuss your options to regain legal status.
Correcting the record:
Minor or technical infractions may be corrected by ISSS without a formal application being submitted to Department of State, provided that no more than 120 days have elapsed since the event that triggered the infraction. This is called "correction of the record."
The exchange visitor´s record may be corrected for technical or minor infractions only if the exchange visitor is pursuing or intending to pursue the original program objective AND;
- has not intentionaly failed to maintain insurance coverage during the period which is being corrected;
- has not been in substantive violation of the regulations;
- has maintained a full course of study.
Some examples of minor or technical infractions include:
- Failure to extend form DS 2019 prior to its expiration date;
- Failure to complete a transfer of program sponsorship prior to the ending date on the current DS 2019 form;
- Failure to receive prior approval and/or an amended DS 2019 form before accepting an honorarium or any other type of payment for engaging in a normally approvable and appropriate activity.
Reinstatement Process
Reinstatement requires an application to and approval from the Department of State (DOS). DOS will consider the following situations for reinstatement:
- Out of valid program status for more than 120 days after the end date on the current form DS 2019 but less than 270 days;
- Student failure to maintain full course of study without prior consultation with ISSS and their academic advisor.
DOS will not consider requests for reinstatement when the exchange visitor has:
- Knowingly or intentionally failed to obtain or maintain the required health insurance coverage while in the U.S.;
- Engaged in unauthorized employment ;
- Been suspended or terminated from the most recent exchange visitor program;
- Failed to maintain valid program status for more than 270 calendar days (one academic year);
- Received a favorable recommendation from the DOS on an application for waiver of section 212(e) of the Immigration and Nationality Act.
How to Apply?
Make an appointment with an ISSS advisor. Please complete the J-1 Student Reinstatement application and have all supporting documentation requested with you for your appointment. You will receive additional information about the application packet at the appointment.
How long will it take to receive my reinstatement back?
DOS expects to process the application within 45 days from the receipt of the request.
How will I know if my application was approved?
If DOS approves the reinstatement, the ISSS advisor that requested the reinstatement in SEVIS will receive an email from DOS. At this point, the ISSS advisor will print a new DS-2019 form. You will receive an email from the ISSS informing you that your reinstatement was approved an a new DS-2019 is available for pick-up at the ISSS.
For more information or to discuss your situation please make an appointment with an ISSS advisor.