J-1 Reinstatement for Substantive Violation
Reinstatement of J-1 status is intended for students who committed an substantive violation of the J-1 rules. The following substantive violation can be considered for reinstatement:
- Out of valid program status for more than 120 days after the end date on the current Form DS-2019
- Student failure to maintain a full course of study without prior consultation with the international student advisor (ISA) and the academic advisor
The following substantive violations CANNOT be considered for reinstatement:
- Knowingly or willfully failed to obtain or maintain the required health insurance at all times while in the United States
- Engaged in unauthorized employment
- Been suspended or terminated form the most rescent exchange visitor program
- Failed to maintain valid program status for more than 270 calendar days
- Received a favorable recommendsation from DOS on an application for waiver of section 212(e) of the Immigration and Nationality Act
- Failed to pay the SEVIS I-901 fee
If a J-1 student has received a favorable recommendation from the Department of State on an application for a waiver of section 212(e) of the Immigration and Nationality Act, the in-country reinstatement process is no longer available.
How to apply for reinstatement
J-1 students who fall out of status must apply for Reinstatement to Department of State (DOS) to regain certain benefits of J-1 status. In order to apply for reinstatement, the student should make an appointment with an ISA at UFIC for advice and to determine the eligibility for reinstatement. If the student is eligible for reinstatement, the ISA will issue a new DS-2019 for reinstatement to submit with the application to DOS.
Your reinstatement application must include the following documents:
- New Form DS-2019 for reinstatement (issued during the appointment with the ISA)
- Financial documentation covering the tuition, fees, and living expenses for the program of study
- Photocopies of all previous DS-2019s and IAP-66s from current and previous schools
- An original I-94 card showing you were initially admitted to the US in J-1 status for D/S (Duration of Status)
- Evidence that the SEVIS I-901 fee has been paid
- A letter of explanation indicating the circumstances for which you fell out of status and now need to be reinstated. You should include the following:
- Declaration that you were pursuing the original progam activity for which you were admitted to the U.S.
- Explanation of the failure to maintain valid program status
- Statement that you are attending school full time
- Statement that you have not worked illegally during the period in which you have been out of status
- Pay the fee for Reinstatment through Pay.gov
If the reinstatement is approved, the DOS should respond within 45 days of the receipt of the request by notifying the ISA via email. Once the reinstatment is approved the ISA will issue a new form DS-2019.