Lawful Status

Reinstatement is for those individuals who, through no fault of their own or through circumstances beyond their control, have violated the terms of their immigration status. If a student can show that not being reinstated would cause a significant hardship, s/he is eligible for reinstatement.

Not all violations can be corrected through reinstatement. Some violations cannot be corrected or will not be corrected by USCIS. Working without valid employment authorization is a violation that can never be rectified through reinstatement.

A student who has been out of status for more than five months is ineligible for reinstatement unless the student can provide a substantial reason for the delay and an explanation of how the student is filing as promptly as possible.

F-1 students and dependents will accrue unlawful presence the day after a violation of status and this may subject them to a 3-year or 10-year bar on returning to the U.S. when they depart the United States. MCC recommends you seek legal counsel before filing this petition.

Students who are not eligible, or who are poor candidates for reinstatement, have an alternative to regaining their student status. Students who find themselves in this situation have the option of obtaining a new I-20 and then using that new I-20 to travel outside of the U.S. and reentering. This is not the same as reinstatement but does allow a student to regain lawful student status. By using this method, students have to wait another period of nine months, maintaining status, before they regain any eligibility for practical training or other off-campus work authorization.

A. To apply for reinstatement

Prepare the following materials to bring to your appointment with International Student Services:

1. If you have been out of status for more than five months, you must repay the SEVIS fee. Go to the Student and Exchange Visitor Program (SEVP) SEVIS I-901 for payment instructions
2. Letter to USCIS explaining why you are out of status and stating why you are eligible for reinstatement
3. Download and complete the USCIS form I-539 Application to extend/change nonimmigrant status
4. The application fee, check or money order payable to USCIS
5. Current documentation of financial support (sponsor may need to submit updated bank letter)
6. Official academic transcripts from all schools attended in the U.S.
7. Copies of your passport and visa information
8. I-94 printout
9. New I-20 requesting reinstatement
10. We recommend that you include a copy of the SEVIS fee receipt.

B. To travel and reenter

For students who need to travel and reenter, different steps need to be followed.

1. Obtain current financial documentation/bank letter from sponsor.
2. Request a new SEVIS I-20 for travel and reentry from the International Student Office, circumventing the need for reinstatement.
3. Repay the SEVIS fee if you have been out of status for more than five months or out of the U.S. for more than five months.
4. If you still have a valid visa, then you simply need to exit the U.S. and reenter using the new I-20.

You may travel freely within the U.S. provided you maintain your lawful F-1 status and have a valid passport, I-20 and I-94 in your possession.

Students often travel home for holidays and during the summer breaks. Before leaving the U.S., preferably about the same time you are making your travel arrangements, you need to check the following:

1. Your passport must be valid for the date you intend to return to the U.S. and at least six months after that date.
2. Your visa must be valid for reentry.
3. Your I-20 must be valid.
4. Your I-20 has been signed within six months of your departure date.
5. Carry a copy of your official MCC transcript with you.
6. You should check with the consulate of the country you wish to visit to determine if you need a visa for entry.

What documents do I need to renew my visa? Check the website Travel.State.Gov to see exactly what documents, including forms and photos that you need to bring to the consulate.

F-1 students and F-2 dependents need (or may need - officers do not always ask for all these documents):

• SEVIS I-20 from MCC, with a recent travel signature
• Any I-20's previously issued by the MCC and any other U.S. school attended before enrolling at MCC
• Official transcript of F-1's academic record
• Evidence of F-1's financial support (bank statement, letter, family bank statement, etc.)
• If engaged in OPT, also take current EAD (dependents should take photocopy) and a letter from OPT employer stating you are working there under the terms of optional practical training

It depends on your situation. But now, more than ever, all students are advised to go to the consulate to renew their visas early to avoid delays. Ask for a visa "renewal" appointment. Do not wait until the end of your stay abroad. If you know you will be required to appear in-person at the consulate, try to make an appointment with the consulate before you leave the U.S. Go to Travel.State.Gov wait times for more information.

If your current visa will expire next semester, you might want to go ahead and renew it. Many consulate offices have an expedited process for renewals.

Temporary absence from the U.S.

You will be considered a returning student after a temporary absence of less than five months provided that your current I-20 contains valid travel signatures that are not more than six months old.

If you have been outside the U.S. for more than five months, you will need new documents (I-20) and you will need to be enrolled for another full academic year before being eligible for optional practical training.

Gather all your immigration documents. Gather any documents relating to your education, accomplishments, marriages, divorces, birth of children, any arrests or convictions, etc.

Know what your goals are and do some basic research. If you are seeking to have an H-1B processed and the attorney does not know that Form I-129 is used for this, do not retain him or her. Do not think that you need to be an expert. Immigration law can be very complex and a little bit of knowledge is a dangerous thing. There is a lot of information out there, but not all of it is accurate.

Be honest in your dealings with the attorney who needs to have a clear, accurate picture of your situation. If you've worked without permission, neglected to file tax forms, been arrested - even for silly things - the lawyer needs to know this as it may affect your immigration options. Your discussions with the attorney and his or her staff are confidential.

The first step in hiring an attorney is the setting up an initial consultation. Consultations can be in-person at the attorney's office or over the telephone. Before the consultation, you will be asked to complete an initial intake form and send copies of current immigration documents. To make the most of your consultation, you should get these documents to the attorney before the consultation so they can be reviewed and analyzed ahead of time. Consultations may range anywhere from 30 minutes to an hour.

The attorney should be able to provide you with a preliminary analysis of your case and a plan for achieving your goals. They may not be able to provide this immediately particularly if some specific research is required. If an attorney informs you that he or she must do some preliminary research, do not assume that they are not up to the task of representing you, particularly if your case is unusual or complicated or if there have recently been changes in regulations.

Many attorneys do charge for the initial consultation. This is not unusual. It does take an attorney time to read your documentation and to provide a legal analysis. Time spent on your case in these initial stages is time not spent working on cases for other clients. Some attorneys will deduct the price of the consultation from their legal fees if you decide to retain them for your case within a certain period of time.

It is important that you find the right attorney for your needs. Attorneys, like physicians, specialize in certain areas of law - immigration, tax, criminal, contracts, etc. Since many areas of U.S. law are very complex, most attorneys do not practice in all areas of law and gain an expertise in one or two. Immigration law is an area of administrative law that lends itself easily to considerable sub-specialization some attorneys specialize in asylum, some in family-based immigration, employment, etc. It is important to choose an attorney with expertise with your type of case.

Determining expertise can be a tricky thing. Unfortunately, there are no guaranteed methods for doing a background check on an attorney. Many immigration attorneys are members of the American Immigration Lawyers Association. Determining whether your attorney is a member of AILA can be a starting point. Please remember that any attorney can become a member of this association - even those that are not very skilled in immigration law. Look at the attorney's website for any information about your type of case. Talk to any friends who have used an immigration attorney for a similar case. Finally, it is all right to ask the attorney or his or her staff about the firm's experience. You might actually want to ask about this before setting up and paying for an initial consultation. A good immigration attorney will refer you to another attorney if he or she lacks the relevant experience.

Once you've established that the attorney has experience with your type of case, you need to know who will actually be working on your case and whether you can you easily reach these individuals. In many law firms the bulk of the work may be done by paralegals and legal assistants. This is not necessarily a bad thing, if they are well trained, organized and responsible. Can you meet or talk to these individuals ahead of time to establish a rapport? Large firms have the advantage of resources - if your attorney is on vacation, someone else on staff will work the case until his or her return. Small firms have the advantage of more personalized service where the attorney is more likely to know the status of your case. Solo practitioners generally make arrangements with colleagues for them to cover the cases when they are away.

Immigration law is a form of federal law that can be practiced to some extent anywhere in the U.S. Indeed, many attorneys have what is known as a national practice. An attorney in Washington, D.C. can file cases for clients in California and vice versa. You are able to choose attorneys from almost anywhere in the U.S. Most of your communications will occur via email or the telephone and fax machine anyway rather than through in-person meetings.

It is recommended that you get a local immigration attorney if your case involves appearances before local immigration judges or the local CIS district office. In these cases, local attorneys know the personalities and procedures of the local immigration office better than someone across the country. If your case involves filings at the regional service center or dealings with consulates, then it doesn't matter where your attorney's office is.

A word of caution about choosing an attorney: scrutinize any attorney closely. All communities have attorneys who are not very good who can unintentionally do more harm than good. Bad attorneys come from all backgrounds - even from your home country. Be careful in your choices.

Many attorneys charge by the hour, charging you for the time they and their staff spend working on your case. If your case is very simple and does not require much time, this may be appealing to you. However, if your case is labor intensive the hourly fees will add up quickly. You will pay not just for the time the attorney spends working on the case, but also for the time each paralegal and legal assistant works the case as well, including time when they are discussing your case amongst themselves and all the time you spend on the phone with them. Some lawyers charge different rate for their time as opposed to the time of their support staff.

With some complicated cases, an attorney may not be able to assess a flat fee up front as it may not be certain how much work is involved in the case. The attorney may suggest that the case be handled on an hourly basis. Since some cases can result in significant number of billable hours, you may wish to explore the possibility of converting the case to a flat fee after the legal fees have reached a certain figure. This would serve to limit the expense from your end and deter the firm from running up your fees. However, if your case involves considerable amount of court time and preparation, this may not be an option.

If your attorney charged an initial consultation fee, does the amount of the fee get "discounted" or deducted from the total legal fees if you decide to retain the firm?

In addition to the legal fees, it is important to understand what other costs you may be expected to pay. Ask about these costs up front as they may add significantly to the cost of your case:

• Photocopies: How much does the firm charge for copies? Since you should receive copies of all documents filed with the government, the per-page cost, if any, could quickly add up, particularly if the type of petition or application files involves considerable supporting documentation. Are there separate charges for getting a copy of your file after the case is closed?
• Filing fees: Are you responsible for paying any government filing fees? How much are they? When must they be paid?
• Translations
• Evaluations
• Does your case require documents to be translated? Do your credentials need to be evaluated? Are DNA tests needed to establish relationships for family-based immigration? If so, who pays them and when are these costs payable?

After the initial consultation, the attorneys should send you a retainer agreement to sign. This agreement formalizes your relationship with the attorney, establishing the scope of the case - what is the case an H-1B, a J-1 waiver, a case for permanent residency? What are legal fees will be charged? What are the costs you will pay and, importantly, when are you expected to pay? Read this carefully. Understand the terms of the representation agreement.