Immigrant related Frequently Asked Questions 

I am on student visa and I could not continue studies because of financial problems. What can I do?

If, however, the student no longer has the financial means to continue their education, they are ineligible to do so.

If the lack of financial backing was a temporary issue, or other means of financial support can be obtained, a student may file for reinstatement of status, in order to continue their studies.

Reinstatement of Student Status

A student who has violated status sometimes may obtain reinstatement to student status if a bona fide desire to complete his or her studies is demonstrated.

Process to follow for reinstatement (at the discretion of the INS):
The student may have their status reinstated if the student files a request for reinstatement on Form I-539 accompanied by Form I-20A-B (for academic students) or Form I-20M-N (for nonacademic students) and the student's Form I-20 ID copy, the filing fee and financial information
A written statement affirming that the alien is currently pursuing or intends to pursue a full course of study at the approved school, has not been employed without authorization, is not deportable on any other ground, and establishes that the violation resulted from circumstances beyond his or her control, or that he or she would suffer extreme hardship if not reinstated

An alien files an application for reinstatement with an INS Service Center or the INS district office that has jurisdiction over the student (regardless of where the school is actually located). The I-539 and supporting letter should both be marked clearly as an application for reinstatement.

The written statement can be presented in various forms, but it should be an affidavit in which all claims are documented though independent evidence. The student should:
State why he or she is out of student status
Explain the cause of the his or her failure to maintain lawful status
Describe in detail how and why the violation of status was due to circumstances beyond his or her control, or how and why a failure to be reinstated to lawful student status would produce extreme hardship for the student. The less extreme the hardship, the less likely that the student's request for reinstatement will be granted. The INS will consider the seriousness and nature of the student's violation of status, and the student's immigration history in general in making this discretional determination.

The INS' decision is not appealable and applications are decided on a case-by-case basis. The student must, however, have the ability to pay tuition, fees, and expenses.

As indicated above, unauthorized employment is a bar to reinstatement. Eligibility for on- or off-campus employment requires a student to maintain F-1 status. A student who continues working after no longer being in status, is employed without authorization, and consequently is ineligible for reinstatement. This includes where the student continues to work, once their student status is no longer current.