April 16th 2016 – Reinstatement is one of the options being proposed by the termination letter from the DHS. While this option is being “offered” or proposed the question is whether it is a good idea to actually go for a reinstatement. From our experience a reinstatement is usually hard to obtain because one of the elements of the case is that the foreign student has to actually prove that he/she is not at fault. Unfortunately it might be a big hurdle to explain that one was not aware of the rules on CPT or F1 visa especially when it comes to “not attending” classes. However those who were genuinely unaware, they should truthfully explain. We have identified two kinds of situations at this point:
1. Those who were terminated while their SEVIS and F1 visa status was with UNNJ, that is, on April 5th 2016; and
2. Those who had already transferred their SEVIS and F1 visa prior to the ‘shut down’ of UNNJ.
As you all know in many cases, the SEVIS were terminated in both of the above mentioned situations, that is, for those who were actually with UNNJ and those who have already transferred prior to April 5th 2016.
Based on experience and knowledge, we believe that there might be a bigger chance for students who have already transferred to another school to get a reinstatement, although the chances are still not great. The reasons is that the student not only did the right thing by moving but also because some of the schools which are actually actively supporting the transferred students. In fact, they are even helping in preparing the reinstatement.
As for those who are now finding a new school, note that a reinstatement has to be filed 150 days from termination of the SEVIS and F1 status. Once the student finds a school willing to do the reinstatement, we recommend filing the reinstatement right away. In case you are not able to get a school for your reinstatement, we recommend talking to a good lawyer to find out about your other options.
Although, we do not think that the chances of reinstatement are great, we still recommend students to actually file a reinstatement in case they have a chance to do so. We wish all of you good luck. If you need help or a consultation on the matter, please call us at 510 742 5887 or email [email protected]
