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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96411
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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if my I-20 and visa are terminated what should I do.

Customer Question

if my I-20 and visa are terminated what should I do.
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
How long ago was it terminated and why?
Customer: replied 4 years ago.
4 days ago so can i take a new I-20 and continue studing.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

But why was it terminated?

Customer: replied 4 years ago.

It was terminated due to poor academic performances; I also have to tell you Last year I had a reinstatement from my college. So the college informed me three days ago that my I-20 has been terminated and I should look for a new school or return back to my home country. My question is if a go back to my country can I apply for a new visa with a new I-20. And did I break any law that I can't come to United States with five years please help.

Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

You can apply for reinstatment, but I don't think you will be able to apply for a new I-20 from a new school from inside the U.S.

 

However, you can leave the U.S. quickly and then apply for a new I-20 and student visa from outside without the penalty of 3 years (not 5), or 10 years. Just make sure you leave the U.S. soon. At 180 days after termination, you activate the 3 year bar. At 1 year after termination, if you have not leave, you activate the 10 year bar.

 

Also, don't leave at 179 days thinking that it would be ok to leave as long as it is less than 180 days. You still have to prove to a consular officer that you will not overstay or stay illegally, etc. So the quicker you leave, the better it looks.

Customer: replied 4 years ago.

So I have been terminated twice so will I have a difficulties applying a new visa from my country.

Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
It is possible, yes. They will not want to approve you if they believe you are not really taking the studying seriously and just want to be inside the U.S. But that is not their main concern. Their main concern is that you be eligible (if a school accepts you, that would make you eligible) and that you have the intent to return home at the end of your studies. This is why I say it is VERY important that you leave immediately.
Customer: replied 4 years ago.
So I still have a chance I have an appointment with my Advisior in the school in Monday I am going to talk to her and then leave so which date should I leave will be the best.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Yes, you still have a chance. Talk to your advisor but leave as soon as possible.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Is there anything else that I can do for you? If not, please do not forget to click accept so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!
Customer: replied 4 years ago.
Sorry for all the questions. If I leave from the U.S.A and apply to the US embassy for a new visa what good reason should I give for my termination to them during the interview.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
You really won't need a good reason for that. They most likely will know that you were terminated because of your grades. You will need a good reason as to why you have overstayed after termination.
Customer: replied 4 years ago.
I have perviously talked to one of your lawer from this web site she said that i dont have any chance to come to U.S.A since I have been terminated.And I ahve to live with that and consult with my family her name is Judith
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

That is an opinion, of course. My experience may be different from her's. The botXXXXX XXXXXne is this:

 

1) Get reinstated for the visa. If you cannot, then you can apply for asylum or marry a U.S. Citizen.

 

2) Leave before you reach 180 days of being illegal. As I said before, you reach 180 days, you activate the 3 year bar. You reach 1 year of being illegal and you activate the 10 year bar. This means that you cannot come back in for 3 or 10 years and no amount of explaining will help you. BUT, if you leave NOW, you can apply to come back in with a new F1 student visa or some other visa IF you can convince them that you will not overstay again. There is no guarantee that you will convince them, but the faster you leave, the better chance you have. If you activate the 3 or 10 year bar, even if they wanted to approve you, they cannot. So if you wait too long, they no longer have an option to approve you. If you leave now before 180 days, they have the option to approve or deny you depending on how convincing you are. So leave now and you have a possibility. Wait too long and you have no possibility.

 

I'm sorry, but those pretty much your choices.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96411
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 5 other Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
If I apply for a reinstatment what should I write In the letter what cause can I give for my termination.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
At this point I think I will need you to accept the responses that I have already given you then we can continue our conversation. I only ask because sometimes after responding to many questions, customer's disappear and I never get paid for the time and effort I spent to answer the questions. You are not charged again, I just get part of your deposit. After you do so, let me know what reasons you feel you could honestly put down to explain what happened and we will discuss it. Please let me know.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Thank you! Let me know your reasons for the termination...all of them. I know you said due to poor grades, but why did that happen?
Customer: replied 4 years ago.

Ok my first quarter was good enough. Then In the second quarter I registered for online classes and was really confused with the classes it was hard for me to understand the classes so I asked my friend what should I do (he was an local student) and advised me to droop the classes and take the classes in the next quarter so I did without know the what could happen. Then they terminated my I-20 and I applied for the reinstatement. And got it after 6 months or so. As I did 2 more quarter my lack of attendance and poor academic performances they dismissed me from the college telling me to look for a new college or go back to my home country without warning me what could happen. If they let me know earlier I could transfer to another college before hand without a hassle. Now the winter quarter is also closed so my choices for getting into is also harder they let me know about my status last Tuesday 29 dec 2009 when all the college and office are closed now please help me.

Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

There are some colleges that had mid-semester courses that you could also apply for, just a thought, but can you tell me why you had a problem with attendance and poor academic performances?

 

Also, would it be possible to get letters from some professors that state that you do have potential, etc. etc.?

Customer: replied 4 years ago.
Due to my family problems I had a lot going that time now its fine for the last month. I will try tio get the letter from the professors.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

I think this is your best bet. Speak to your advisors tomorrow, speak to some professors and explain the situation and try to get letters of recommendation, and then perhaps get statements from your family members that you have had problems and explaining the problems, etc. Then you write a long letter based upon all of that. Of course there is no guarantee, but I think it is a good course of action to take.

 

But also, start looking into other schools that may have mid-term classes that you could take. You would use the same letters for your reinstatement, but this is just in case your current school doesn't want to take you back.

Customer: replied 4 years ago.
Hello there I got in to a school and talked to an advisior and he gave a I-20 from the new school and said to do a broder re entry throught canada cause i have a valid visa do you think there will be any problem when I return back to the United states.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
If this is a valid reinstatement (the new I-20....and it should be), then it should be ok as long as you never had more than 179 days out of status. Also, keep in mind that only U.S. Citizens have a guarantee to enter the U.S. Everyone else does not.
Customer: replied 4 years ago.

So due to my first termination is there any chances that they will question me should I take recommendation letters from my old school teachers and yes the current school gave me the same I-20 for reinstatement through border they also issued a letter for my entry. That I am a full time student at their college and paid my tution fees in full amount. So what are my chances?

Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Your chances are good, but as I said, no guarantees.

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Attorney At Law
35242 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.