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The U.S. Citizenship and Immigration Services requires all international students holding the F-1 visa classification to be enrolled in a "full course of study" in order to maintain lawful status in the country. A "full course of study” as defined in the Immigration Regulations consists of at least 12 hours per term for undergraduate students.
There are a few very specific situations which justify enrollment in fewer hours detailed in the Reduced Course Load (RCL) Form (MCC username and password required).
Neither Metropolitan Community College nor International Student Services (ISS) can provide legal advice. Whatever course of action you choose to pursue you are strongly encouraged to consult with a qualified immigration lawyer. Not all lawyers specialize in immigration law, thus, finding a qualified immigration lawyer is important. One resource available for finding a qualified immigration lawyer is the American Immigration Lawyers Association's Immigration Lawyer Search. Under “Type of Lawyer”, select “Students and Exchange Visitors”Then type in your zip code and hit “Search.”
Step 1: Do you qualify for reinstatement?
In order to apply for reinstatement to F-1 status, the following conditions must be met:
- Your being out of status must result from circumstances beyond your control or failure to receive reinstatement will result in extreme hardship to you
- You are currently pursuing or intending to pursue a full course of study at MCC
- You have not been in violation of your status for more than five months, unless you have a strong reason
- You have NOT engaged in unauthorized employment
- You are not deportable on any other grounds
Step 2: Gather the following documents:
- Obtain a check or money payable to U.S. Dept. of Homeland Security. The amount is based on what USCIS is currently charging. The fee does change. Consult the Instructions for completing Form I-539. Scroll down to "Form Details" and click on "Filing Fee". It tells you the "filing fee" and if a biometrics fee is required. There is a Fee Calculator available.
- Complete Form I-539 in black ink. The form and directions are available at: www.uscis.gov/i-539. Scroll down to “Forms and Document Downloads.”
- If you have dependents, include $85 for biometrics and complete Form I-539A in black ink for each dependent. Consult the Instructions for completing Form I-539. Scroll down to “Forms and Document Downloads.”
- Optional: If you would like USCIS to email or text you when your application is received, please complete the G-1145 form listed at: www.uscis.gov/i-539. Scroll down to “Forms and Document Downloads.”
- A letter from you addressed to the U.S. Citizenship and Immigration Services explaining the circumstances surrounding your failure to maintain legal status. The letter should contain the following:
- Your name, address, telephone number, and date
- Information about why you need to reinstate your F-1 status and the reason for status violation
- A statement that you are pursuing or intend to pursue a full course of study at MCC
- A statement that you have not engaged in unauthorized employment and that you are not deportable on any ground other than failing to maintain your status
- A sentence to indicate that failure to receive reinstatement to lawful F-1 status would result in extreme hardship
- Financial documentation not more than 6 months old, in English, and in U.S. currency. Provide either an original bank statement or letter. Bank statements printed from the Internet are not original.
- Complete a Financial Affidavit
- Original transcripts from all college and universities attended in the U.S.
- One copy of all pages of previously issued I-20s. Please do not staple them.
- One copy of passport pages (identity, visa and passport expiration pages)
- Request an electronic copy of your I-94
- If you have been out of status for more than five months, include a receipt of $350 SEVIS fee payment. More information on paying the fee is available online at www.fmjfee.com.
Step 3: Request a “Reinstatement Requested I-20” from ISS
Step 4: Mail your application:
For U.S. Postal Service:
USCIS
Dallas Lockbox
P.O. Box 660166
Dallas, TX 75266
For Express Mail and other courier services:
USCIS
ATTN: I-539
2501 S State Hwy 121 Business Ste 400
Lewisville, TX 75067
Step 5: Follow Up
It may take many months to receive a decision from the U.S. Department of Homeland Security-USCIS. Upon receiving your receipt notice or a response, please visit ISS to copy documents for your file.
An F-1 student who has maintained his/her status for an academic year (three full quarters at MCC) and is in good academic standing may apply for off-campus employment based on unforeseen economic hardship. Economic hardship is defined as a "loss of financial aid or on-campus employment without fault on the part of the student, substantial fluctuations in the value of currency or exchange rate, inordinate increases in tuition and/or living expenses" 8 CFR 214.2 (f)(9)(ii)(F).
Order of Required Documentation and Procedures:
You are responsible for making your own copies. Please do not staple documents.
- A check or money order for $410 made payable to the “U.S. Department of Homeland Security;” do not write USDHS or DHS. Be sure to sign and date the payment.
- Optional: If you would like USCIS to email or text you when your application is received, please complete Form G-1145.
- Completed Form I-765 in black ink. Directions to complete the form can be found under the “Forms and Document Downloads.” If you are applying on Oct. 2, 2020 or later, be sure to use the form version dated 10/02/2020 listed at the bottom, left of page one, otherwise your application will be rejected.
- A copy of at least one of the following documents:
- If you had an Employment Authorization Document (EAD) (work permit) in the past, provide a clear copy of it (front and bank).
- Two identical color passport-style photographs of yourself taken recently. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched. The two identical passport-style photos must be 2 by 2 inches. The photos must be in color with a full face, frontal view, on a white to off-white background. Head height should measure 1 to 1 3/8 inches from the top of your hair to the bottom of your chin, and eye height is between 1 1/8 to 1 3/8 inches from the top of your eyes to the bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name on the back of the photos.
- Order an official MCC transcript in an unopened envelope that shows that you have been enrolled for at least an academic year (three consecutive quarters). It will also need to state that you are in good standing. If you have been at MCC for less than three quarters and you transferred out of another college, then include an official transcript from that college.
- A printout of your schedule showing that you are enrolled full time.
- Write a letter that includes:
- The date
- "Dear USCIS Adjudicator:" in the first line
- A detailed explanation of your financial challenges
- A statement that acceptance of employment will not interfere with your full time enrollment
- A statement that employment is necessary to avoid severe economic hardship due to unforeseen circumstances beyond your control
- Information that you tried to find on-campus employment but were unsuccessful. Make a list of the jobs you applied for and dates
- Sign the letter
- Recommended – Request a letter from your financial sponsor that explains the financial hardship. The more details provided, the stronger you can make your case. Include any supporting documentation for your case.
- Please schedule an appointment with the ISS after you have collected all the documents to see if you qualify for a new I-20 with a recommendation for Severe Economic Hardship (SEH). The application needs to be received by USCIS within 30 days of the signature on the I-20, otherwise USCIS may deny the application.
- Mail your application to the USCIS Chicago Lockbox
For U.S. Postal Service (USPS):
USCIS
P.O. Box 805373
Chicago, IL 60680
For FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-765 C03
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
Points to Consider:
- You will receive a receipt notice from USCIS within 30 days if your application is complete. It usually takes 90 days to receive a decision from USCIS.
- USCIS will make one of the following decisions:
- Approval. If approved, your EAD will be mailed to the address listed on your application.
- Request for Evidence. If additional information or documentation is required, a written request will be sent to you specifying the information needed.
- Denial. If your application isn't granted, you will receive a notice explaining the basis of the denial.
- Take your EAD to ISS to be photocopied for your file.
- You are only allowed to work AFTER receiving the EAD and only during the dates of authorization.
- Your SEH will be cancelled if you fail to maintain your F-1 status or if you transfer to another school.
General Guidelines to Complete the I-765
- Please use the most current version of the I-765 form.
- Please type as many responses as possible on the I-765 form and print the completed form.
- Sign the form I-765 in black ink.
- If a question does not apply to you, type “N/A” (short for “Not applicable”), or if the question asks for a number response, write “None” unless otherwise directed.
- If you need more space for a response, use Part 6 Additional Information. Make copies of Part 6 or attach separate sheets of paper if needed. Include your name, Alien Registration Number (A-Number) if applicable, and the corresponding Page, Part and Item Numbers for your response at the top of each sheet. Sign and date each sheet.
- Answer all questions fully and accurately.
- The guidance on this form is only given for those items that can be somewhat confusing in nature. Please fill all fields, regardless of whether suggestions are given below.
Part I. Reason for Applying
Item 1. Select 1.a. Initial permission to accept employment.
Part 2. Information About You
Item 1. Type your full legal name as it appears on your I-20 and passport. Write your last name in all capital letters and your first and middle name with only the first letter capitalized.
Items 2-4. Other names used: Share any other way your name is given on your legal documents. This includes "FNU," multiple last names you may sometimes use, or previous names you used if you changed your name for any reasons, such as marriage. If you have not used other names, write "N/A" in all of the fields.
Item 5. U.S. Mailing Address: This is the address where USCIS will mail your documents related to this application only. If using anyone else’s address, BE SURE to put their name in the “In Care Of Name” field, to ensure delivery. Use a valid U.S. residential address (not P.O. box) that will be valid for 3-5 months after submission of your application. For 5.a., please list the name of the person living at the residence if it is not you. If you will be living at this mailing address, you can list your name in 5.a.
USCIS mail cannot be forwarded to a new address by the postal service. USCIS receipt and approval notices, Employment Authorization Document (EAD), and SSN if requested will be sent to the address you list in 5.a.-5.f. on this form.
Starting in late 2019, EADs will be mailed using the U.S. Postal Service (USPS) Signature Confirmation Restricted Delivery, which requires identification to sign for the document upon delivery. You will have the options to arrange for pick up at a post office or designate one or more agents to sign for delivery on your behalf, including agents at a hotel, apartment or other rental.
If the mailing address you indicated on the I-765 application changes after you submitted the application, follow the instructions on the USCIS Change of Address Information website. Any change of address must be done within 10 days of the change. You also need to update the change of address using Self Service and by emailing ISS at iss@mccneb.edu.
You should also file an online change of address with the postal service on the USPS website. This will also change your address with the Social Security Administration if you are applying for a social security number.
Item 6. Mailing Address vs. Physical Address. If you will be living somewhere other than the address you listed in Item 5, please check “No” and fill out Item 7. If you will be living at the address listed in Item 5, check “Yes” for question 6.
Item 7. U.S. Physical Address. If you answered “No” to question 6, please give the address where you currently live; USCIS will NOT mail documents to your physical address listed in Item 7, and it is fine if your physical address will change while your application is pending. If you answered “Yes” to question 6, you can leave Item 7 blank.
Item 8: Alien Registration Number (A-Number). Handwrite “None” on the printout.
Item 9. USCIS Online Account Number. Leave this field blank unless you have a USCIS online account number (which you most likely will not have). Handwrite “None” on the printout.
Item 13.a. Social Security Card. Everyone must answer 13.a. whether you have a social security number (SSN) or not. If you do not have an SSN, you have the option of applying for one at the same time you apply for SEH. You can also request a replacement SSN if your original SSN card was lost or stolen. Applying for an SSN will not delay your SEH application.
- If you do not have a social security number, check “no” and leave section 13.b blank.
- If you have a social security number, check “yes” and complete item 13.b.
13.b. Social Security Number. If the SSA ever issued a social security card to you in your name or a previously used name such as your maiden name, then you must enter the SSN from your card in Item Number 13.b. Write your SSN as it appears on your social security card. If you do not remember your SSN, leave this blank. Handwrite “None” on the printout. Note: The form will not allow you to enter any text in item 13.b if you checked “no” in field 13.a., so be sure to enter “yes” in 13.a if you need to enter your SSN in item 13.b.
14. Social Security Number:
- • You are not required to request an SSN using this application. Completing questions 15-17 on the
- Form I-765 is optional. However, you must have an SSN properly assigned in your name to work
- in the United States. Please see ISS’ website on SSNs at https://www.mccneb.edu/Prospective-
- Students/Resources/International/Student-Information/Social-Security-Number.aspx for further
- information on how to apply for a social security card if you do not apply for one using this
- application.
- • If you want to be issued a Social Security card, or be issued a new or replacement Social
- Security card, then answer “Yes” to both Questions 14 and 15.
- • Check “No” to question 14 if you already have a social security card and/or if you do not wish to
- apply for a social security number using this application. If you answer “No” to Item Number 14,
- skip to Part 2, Item Number 18.a.
- • If you choose to apply for a SSN through your I-765 form, you should receive your SSN card
- within 7 days after your I-765 application is approved. If you do not receive it within 7 days, you
- should visit your local Social Security office with all original documents including your EAD.
- • If you do not request an SSN on the I-765, you may go to a local office after they receive their
- EAD to apply for one. You may not apply for an SSN before the EAD start date.
Item 15. Consent for Disclosure. If you answered “Yes” to Item Number 14, answer “Yes” to Item Number 15.
Items 16-17. Father’s Name/Mother’s Name.
- If you answered “yes” to items 14-15, complete items 16-17. SSA will use Item Numbers 16-17 in issuing you a social security card.
- If you answered “no” to items 14-15, leave items 16-17 blank. The form will not allow you to enter any text in items 16-17 if you checked “no” in item 15.
Item 18. Country of Citizenship/Nationality: The country or countries of citizenship listed on your I-765 should match the country or countries of citizenship on your passport(s).
Item 19. Place of Birth: Should match the information on your passport, if your place of birth is listed on your passport.
Item 20. Date of Birth: Should match the date of birth listed on your passport.
Item 21.a. I-94 Number. Your I-94 number is found on your most recent I-94 entry record. You can access your most recent I-94 by using this link and going to “Get Most Recent I-94”: https://i94.cbp.dhs.gov/I94/#/home. Please be sure that you use the I-94 from your most recent entry to the US! If you most recently entered the US after a short trip to Canada or Mexico, your trip may not have been recorded in your I-94 history. In this case, use the last I-94 record that does exist, and answer all related questions based on that trip. If your I-94 is incorrect or does not show your most recent trip that was NOT a short trip to Canada, Mexico or the Caribbean, you will need to work with US Customs and Border Protection (CBP) to get it corrected. Contact ISS for assistance.
Item 21.c. Travel Document Number. Type “N/A” if you have a passport. For almost everyone, this will be “N/A.”
Item 22- 23. Use your I-94 number and travel history on the I-94 website (Click “Get most recent I-94”). For Item 23, you must list the city name, not airport code (i.e. Chicago, not ORD).
Item 24. Immigration Status at Your Last Arrival: If you entered the US last as an F-1 student, list “F-1 student.” If you last entered the U.S. as an F-2 spouse or B-2 tourist, etc., enter that information instead.
Item 25. Current Immigration Status: Type “F-1 Student”
Item 26. SEVIS Number. Refer to the top right hand portion above the bar code of page 1 of your I-20 for the numbers beginning with N00.
Item 27. Eligibility Category. Provide the regulatory citation for the kind of work permission you are applying: (c)(3)(iii)
Mark all questions 28-31 as “N/A”. If you cannot type “N/A”, then handwrite “None” on the printout.
Part 3: Applicant’s Statement, Contact Information, Declaration, Certification, and Signature
Select the option under “Applicant’s Statement” that best applies to you. Type your daytime phone number, mobile phone number, and email address, and date of signature. Print the form and sign your name in black ink. Do NOT provide a stamped or typewritten name instead of a signature.
Part 4: Interpreter’s Contact Information, Certification, and Signature
Draw a diagonal line across each page you are not completing, and write “NA” next to your line.
Part 5: Preparer Information
Leave Part 5 blank, unless this form was prepared by someone other than yourself.
Part 6: Additional Information
Type or handwrite N/A in all the fields if you have nothing to add to your application.
F-1 students are eligible for annual vacation after completing three consecutive quarters at MCC. Summer quarter is not an automatic vacation. ISS may consider past enrollment at another institution if there was no break before the transfer. Students may request vacation time by submitting the ISS Vacation Request Form (MCC username and password required).