Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
  • "Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client's needs. Their staff is very knowledgeable, friendly and polite. I would highly... recommend this firm to anyone." Read More

  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family imigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution.. A big thanks :)" Read More

NJ Student Visa Attorney Tips: How to Apply for F-1 Reinstatement

What is F-1 Status?

When a foreign national individual has "F-1 Status," he or she is legally in the United States as a foreign student. The noncitizen will be allowed to remain in the United States for as long as he or she is registered as a full-time student and is making normal progress towards completing his or her degree. This status also provides for limited employment opportunities in the form of curricular practical training ("CPT"), which takes place during the school term, and optional practical training ("OPT"), which commences after graduation. A list of SEVIS (Student and Exchange Visitor Information System) approved schools can be found on the ICE website at http://www.ice.gov/sevis.

Losing F-1 Status

An individual can lose his or her F-1 status through a number of means. In general, if the noncitizen violates and thereafter loses status due to academic and/or disciplinary violations within his or her control, then it will likely be very difficult to get reinstated. In the other hand, if the noncitizen lost his or her student status due to reasons outside his or her control, then reinstatement may be more realistic.

Requirements for Reinstating F-1 Status

Any reinstatement of F-1 Status is granted at the discretion of the Department of Homeland Security. In light of this, even if a noncitizen meets all of the regulatory requirements below, reinstatement is still not guaranteed. It is for this reason that all noncitizens seeking reinstatement assemble and put forth the strongest possible package. In order to be eligible to apply, the applicant must demonstrate:

(1) That the student has not been out of status for more than five months;

(2) That the student not have a record or history of repeat violations;

(3) That the student is, or will be, pursuing a degree full-time;

(4) That the student has not engaged in unlawful employment;

(5) That the student not be deportable on any grounds aside from the loss of F-1 Status which was outside of his or her control.

How To Apply For Reinstatement

In order to apply for reinstatement, the applicant must contact his/her school, inform the DSO of his/her intentions, and of course, submit an application to USCIS. This application will require:

(1) Form I-539 (http://www.uscis.gov/files/form/i-539.pdf)

(2) A copy of the student's I-20

(3) A copy of the student's passport and visa

(4) A copy of the student's academic transcript

(5) The student's original I-94

(6) A personal letter or statement

(7) Proof of funds (to show that the student can pay for tuition, fees and living expenses for a year. These documents should be originals.)

(8) A check or money order made payable to the Department of Homeland Security to cover the filing fee (currently $290).

Writing the Personal Statement

The student's personal statement should explain in detail how and why F-1 Status was violated, especially the circumstances which were beyond the student's control. If hardship is a consideration, it should also discuss the impact a denial of the reinstatement will have on the student's life. Reinstatement is discretionary, so the personal letter is certainly one piece of the package that should not be neglected since it is one of the few opportunities where the applicant will be able to explain his/her side of the story. Moreover, if a supporting letter from the school's Designated School Official ("DSO") can be obtained, it may potentially tip the scales.

The Adjudication Process

Once the application is submitted, the applicant should receive an I-797 Notice of Action informing him or her that the application has been received. From there, it will likely take a few months before a decision is rendered. For the latest information on processing times, applicants should consult case processing times on the official USCIS.gov website.

We hope that you have enjoyed this article and learned at least one new thing or tip that you may not have known. To keep informed about the latest developments in immigration law, please subscribe to our blog feed by clicking on the "Subscribe To This Blog's Feed" button on the right. It is important to understand that the above is only general information and not legal advice. The law is extremely fact and circumstance sensitive. For an individual legal analysis of your specific legal case, please complete the "Case Evaluation" box to the right of the screen to get in touch with one of our attorneys.

No Comments

Leave a comment
Comment Information

PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationaly Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
Email Us For A Response

Start Your Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

Map & Directions

icon phone732-516-1717 icon phone888-404-5876