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International Student & Scholar Services

Status Violations

Violation Correction Eligibility

A J-1 exchange visitor who has failed to maintain status may apply for a correction of the record or reinstatement for lawful status at the discretion of the DOS (Department of State), but only under limited conditions.

A correction of the record may be considered if the following are applicable:
• You are pursuing or intending to pursue the original program objective;
• You have not willfully failed to maintain insurance coverage during the period which is being corrected;
• No more than 120 days have passed since the infraction occurred; and,
• Your violation of the regulations was not substantive

Reinstatement may be considered if the following can be demonstrated:
• You have been out of status for more than 120 days, but no more than 270 days;
• Your violation was due to circumstances beyond your control and if reinstatement were not granted it will cause you unusual hardship;
• You have not knowingly or willfully failed to obtain or maintain required health insurance at all time while in the U.S.; and,
• You were not engaged in unauthorized employment

Procedures for Correcting the Record

Your ISSS advisor may correct your record through SEVIS for the following technical or minor infractions:

  • Failure to submit DS-2019 extension prior to current DS-2019 end date, due to inadvertence or neglect;
  • Failure to receive prior approval and/or an amended DS-2019 before accepting an honorarium or other type of payment for engaging in a normally approvable and appropriate activity (lecture, consultation)
    • Please submit a letter from employer that includes description of work, hours, location, and dates.

Reinstatement for Substantial Violations

Please make an appointment with your ISSS advisor and prepare the following documents in advance of your appointment.  Please check with your advisor to verify all documents needed for your application.

  • Reinstatement fee paid online via Pay.Gov to the U.S. Department of State
  • Personal Letter explaining the situation and requesting a reinstatement
  • Copies of all prior DS-2019’s
  • SEVIS I-901 fee receipt (you may access it here if you do not have the receipt)
  • Written statement from ISSS advisor regarding violation
  • OTHER: as advised by your ISSS advisor

Suggestions for Personal Letter

A strong letter should establish convincingly why you are out of status by specifically stating the violation, and the reason you are in violation.  If your violation was inadvertent or due to circumstances beyond your control, please state so and explain.  State how failure to receive reinstatement approval will affect you.  State that you are currently pursuing or intending to pursue a full course of study, and specifically request DOS reinstate you to J-1 status.

 

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