San Francisco Bay Area BA-PIER

Bay Area Professionals in International Education Roundtable

USCIS & I-539 Reinstatement

Reinstatement Checklist USCIS San Jose (April 2005)

USCIS National Customer Service Center PHONE as of 07.02.07

The correct USCIS National Customer Service Center telephone: 1-800-375-5283

The USCIS National Customer Service Center provides assistance to applicants for immigration beneifits. Applicants can call the USCIS Customer Service while your application is pending if:

  • Applicant does not receive an initial decision from USCIS or update within USCIS's current processing times posted online: www.uscis.gov
  • Applicant's mailing address changes while case is pending. Please note that applicant may also use the "Online Change of Address" function on the USCIS website: https://egov.uscis.gov/crisgwi/go?action=coa
  • Applicant needs to request other types of assistance on a pending case, as described on the USCIS website: www.uscis.gov

US Department of Homeland Security (DHS)

Washington, DC 20529

US Citizenship and Immigration Services (USCIS)

Christina Poulos

USCIS National Customer Service Center Director

USCIS Announces Filing Change for Form I-539 Application for Extension/Change of Nonimmigrant Status for the Purpose of Student Reinstatement [10.25.06]

Public Notice

USCIS Announces Filing Change for Form I-539 Application for Extension/Change of Nonimmigrant Status for the Purpose of Student Reinstatement

Beginning October 30, 2006, local USCIS offices will forward any new filings for Form I-539, Application to Extend/Change Nonimmigrant Status, for F-1 and M-1 student reinstatement, to the California Service Center or the Vermont Service Center, depending on where the student is engaged in academic or vocational study. The California Service Center will receive F-1 and M-1 reinstatement applications from USCIS District and Sub Offices located in: AK, AZ, CA, CO, GU, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, and WY. The Vermont Service Center will receive F-1 and M-1 reinstatement applications from USCIS district and sub offices located in: AL, AR, CT, DE, DC, FL, GA, KY, LA, MA, MD, ME, MS, NH, NJ, NM, NY, NC, SC, OK, PA, PR, RI, TN, TX, VA, VI, VT, and WV. This transfer is being implemented in preparation for Phase 3 of Bi-Specialization, the USCIS initiative to use centralized filing and bi-specialized adjudication. Through the Bi-Specialization effort, USCIS is aligning similar workloads between two "sister" service centers, in this case the California and Vermont Service Centers, working toward process efficiencies and consistency in the adjudication of applications for F-1 and M-1 reinstatements.

Customers applying for student reinstatement will receive a receipt notice from the service center that will process their case. USCIS District Offices will continue to process student reinstatement cases received before October 30, 2006 using existing procedures. Local USCIS Offices will continue to accept the Application for Extension/Change of Nonimmigrant Status (I-539) specifically for the purpose of student reinstatement until such time when provisions are in place allowing for direct mail filing.

Applications received by a local USCIS office prior to October 30, 2006, will remain within the jurisdiction of that office for the completion of processing. Therefore, it is not necessary for individuals who previously filed an application at a local USCIS office to file a new application in connection with this change of procedure. The printed filing instructions on Form I-539 and the public information posted on

http://www.uscis.gov

will be amended accordingly.

If USCIS customers have inquiries about their pending applications, they can use any of three methods to receive information about the processing of their application:

Calling the National Customer Service Call Center (NCSC) at 1-800-375-5283.

Using the USCIS web-based Case Status Service located at: www.uscis.gov

Contacting the service center from which they received their last notice.

-USCIS-

Student Visa Validity Following a Break in Studies

...Reinstatement of status

In order for a student who is in the United States to resume study, he or she must apply for reinstatement of student status with the United States Citizenship and Immigration Services (USCIS).  The student must complete
Form I-539, which should be accompanied by a properly completed SEVIS Form I-20. A student may pursue studies while reinstatement is pending.

If student status is restored by USCIS, then the studentís F-1 or M-1 visa remains valid (assuming that the visa has not expired). 

USCIS denial - reinstatement of status

If the student is denied reinstatement, then the F-1/M-1 student status is lost, and any student visain the studentís possession, which has not expired, is invalidated per INA 222(g).  Because the period of authorized stay would end at the time that reinstatement is denied, the student must immediately depart the United States.  The student would begin to accrue unlawful presence, for purposes of INA 212(a)(9)(B), on the day after the date of the denial.

USCIS denial of reinstatement does not, in itself, provide a basis for refusal of another student visa, but when applying for a new visa, the students should be able to explain the circumstances surrounding why they ceased full-time study and lost status in the first place...

http://travel.state.gov/visa/temp/types/types_2941.html#

USCIS San Francisco/San Jose 2005

USCIS San Jose (1887 Monterey Road, San Jose, CA 95112)

(MAIL-BASED) Student Reinstatement and Extension of Stay Request for Evidence:

http://webzoom.freewebs.com/bapier/Reinstatement-RFE-USCIS-SJ-083105-med.JPG

 


Nonimmigrant Visas: http://uscis.gov/graphics/services/visas.htm

The Immigration and Nationality Act, or INA, was created in 1952.

F-1 Academic Student  
INA Section 101(a)(15)(F)(i)   8 CFR 214.2(f)

J-1 Visas for exchange visitors  
INA Section 101(a)(15)(J)(i)   8 CFR 214.2(j)

M-1 Vocational student or other nonacademic student  
INA Section 101(a)(15)(M)(i)   8 CFR 214.2(m)

Dependent Information

F-2 Spouse or child of F-1  
INA Section 101(a)(15)(F)(ii)   8 CFR 214.2(f)

J-2 Spouse or child of J-1  
INA Section 101(a)(15)(J)(ii)   8 CFR 214.2(j)

M-2 Spouse or child of M-1  
INA Section 101(a)(15)(M)(ii)   8 CFR 214.2(m)

Questions for first annual BAPIER/USCIS Meeting 04/21/05

Questions for the BA-PIER Meeting with USCIS officers

[BA-PIER submitted questions below to USCIS San Jose as of 4/04/05]

 

 

BA-PIER Members/USCIS San Francisco/San JoseProject Managers:

John Pluebell jpluebell@ggu.edu
Inna Zaltzmann izaltsmann@ucsc-extension.edu

 

-------------------------------------------

GENERAL QUESTIONS FOR USCIS.gov

1. Please give update, if any, regarding the Infopass system usage at USCIS SJ and USCIS SF.

2. Please describe the new functionality available on the website: Uscis.gov [i.e. Representative

Account/WAC Tracking].

-------------------------------------------


REINSTATEMENT QUESTIONS FOR USCIS.gov

 

1.  Please explain the procedure for filing an application for reinstatement to F-1 status with

your office.

 

2.  What is the average length of time these days for your office to process and F-1 reinstatment

application?

 

3.  What is the procedure for an F-1 student with an OPT application pending more than 90 days at

the CSC, to get an interim EAD from your office?


4. Please describe the reasons for denials and approvals for reinstatements at USCIS in SJ? USCIS in SF?


5. Please describe circumstances when USCIS SJ and/or SF updates SEVIS to show that they have

completed or processed reinstatement.


6. What is the appropriate action for Designated School Official (DSO) when they discover a record in SEVIS still shows "OPT Pending" when the student has an EAD card in hand?


7. In a May 12, 2004 conference call, ICE announced that inspectors at U.S. ports of entry have

access to SEVIS termination data. They also have access to data regarding transfer or start of a

new program but they have to do a separate search in order to find it.  This has broad

implications for students who traveled abroad in order to get reinstated.  The inspector may

question the reason for the termination.  How to prepare the student for the interview at POE?


8. Number of Reinstatements filed with USCIS Totally/Nationally? Vermont Service Center region?

Nebraska Service Center region? Texas region? California region?


9. Number of Reinstatements denied by USCIS Totally/Nationally? Vermont Service Center region?

Nebraska Service Center region? Texas region? California region?


10. Number of Reinstatements filed with USCIS SF?

 

11. Number of Reinstatements filed with USCIS SF?

 

12. Number of Reinstatements approved by USCIS SF?

 

13. Number of Reinstatements approved by USCIS SJ?

 

14. Number of Reinstatements denied by USCIS SF?

 

15. Number of Reinstatements denied by USCIS SJ?

 

16. Average number of days, months, and/or years before Reinstatement approved by USCIS SF?

 

17. Average number of days, months, and/or years before Reinstatement approved by USCIS SJ?

 

18. Minimum number of days, months, and/or years before Reinstatement approved by USCIS SF?

 

19. Minimum number of days, months, and/or years before Reinstatement approved by USCIS SJ?

 

20. Maximum number of days, months, and/or years before Reinstatement approved by USCIS SF?

 

21. Maximum number of days, months, and/or years before Reinstatement approved by USCIS SJ?

 

22. Number of Reinstatement denials with notice sent to PDSO/DSO [via e-mail notice] but not to student with Notice of Action?

 

23. Number of Reinstatements denied by USCIS SF due to full-course of study violation 8 CFR 214.2(f)(6)(f)(iii)?

 

24. Number of Reinstatements denied by USCIS SJ due to full-course of study violation 8 CFR 214.2(f)(6)(f)(iii)?

 

25. Number of Reinstatements denied by USCIS SF due to violation of nonimmigrant status by accepting  unauthorized employment?

 

26. Number of Reinstatements denied by USCIS SJ due to violation of nonimmigrant status by accepting  unauthorized employment?

------------------------

 

Questions for 04/21/2005 BA-PIER meeting at USCIS, San Jose [1887 Monterey Road, San Jose, CA 95112] BA-PIER Members/USCIS San Francisco/San JoseProject Managers:

John Pluebell jpluebell@ggu.edu
Inna Zaltzmann izaltsmann@ucsc-extension.edu