Violation Guidance

Correction Eligibility
A non-immigrant alien who has failed to maintain status may apply for a correction of the record or reinstatement for lawful status. Reinstatement is solely at the discretion of the Department of State (DOS) (Department of State), in accordance with conditions specified in Immigration Regulations.

Correction of the Record may be considered if the following are applicable:
  • You are pursuing the original program objective
  • You have not willfully failed to maintain insurance coverage during the corrected period
  • No more than 120 days have passed since the infraction occurred
  • Violation of the regulations was not substantive

Reinstatement may be considered if the following can be proved:
  • You have been out of status for less than 270 days
  • 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.
  • You did not engaged in unauthorized employment

Record Correction Procedures
Your International Student Advisor may correct through SEVIS, the following technical or minor infractions:
  • Failure to request an extension of your DS-2019 prior to the end date, due to inadvertence or neglect
    • Please submit your program extension form to your ISA
  • Failure to request approval and/or an amendment of the DS-2019 prior accepting an honorarium or other type of payment for engaging in a normally appropriate activity (lecture, consultation)
    • Please submit a letter from employer with a description of work, hours, location, and dates.

Reinstatement Process
Schedule an appointment with your ISA and bring the following documents to your appointment. 
  • $233 paid online via Pay.Gov to the U.S. Department of State
  • Letter explaining the situation and request for reinstatement
  • Copies of all prior issued IAP-66s and DS-2019s
  • Proof of I-901 SEVIS fee payment
  • ISA written statement regarding violation

Suggestions for Composing a Letter of Explanation
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.