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I am foreign student on F1 Visa. I graduated in 2010 December with an undergraduate degree in Social Work. I started working under OPT from January 2011 to December 2011. After that, I needed to go back to school to maintain my F1 status. I got accepted at a school for graduate program. What I didn't realize was that I did not enroll. As a result, I came to know in February 2012 that I am out of status. With the help of international student adviser, I applied for reinstatement of status with USCIS in first week of May 2012, and I am currently enrolled and taking classes. Just as a proactive measure, I am trying to explore my options should my application with USCIS be denied. Please advise what options I have in that situation.
State/Country relating to question: Texas
Hello, my name is XXXXX XXXXX X will try to help you.I am not clear on when you were to commence your classes?Why did you wait from February to May to file for reinstatement?Judith
The classes commenced on June 5th 2012. I didn't know until late about my status being out of status. So, I finally managed to file at the end of April. Signatures were missing, so had to resubmit in first week of May. Thanks.
Hello Judith, let me know if you have any more question for me.
So I need to understand correctly that your grace period expired in February.You were out of status from February until you filed for reinstatement in May and you commenced your classes in June after you filed the I-539?Judith
That is correct.Pramesh
Thank you.You only have two options.You can depart the US and return using your F1 Visa stamp if it is still valid since you were not out of status for more than 5 months.If your visa stamp is expired then you will need to apply for a new F1 visa stamp in your country.Or you have the option of attending classes here while waiting for USCIS to make a decision on your request for reinstatement.There is no other option other than those two.JudithIf I answered your question please leave positive feedback, if I earned a BONUS, it is appreciated. Please feel free to ask me another question with a new thread – if you’re a subscriber, you can do so at no additional cost beyond your monthly payment. You can bookmark my profile page here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.
Thank Judith for the information. The options you pointed out seems clear enough, and that helps. Out of curiosity, I have one question though. Is it possible though to reapply for reinstatement with USCIS with another I-20 from another school. Just so you know I am currently accepted in to a nationally ranked school, if that helps increase the chances of approval by USCIS. Many thanks!Pramesh
By reapply, I am meaning - to apply again with USCIS should the previous request be denied by USCIS.Thanks,Pramesh
No, you cannot appeal the decision You may find this link from Temple University helpful. http://www.xxxx Judith If I answered your question please leave positive feedback, if I earned a BONUS, it is appreciated. Please feel free to ask me another question with a new thread – if you’re a subscriber, you can do so at no additional cost beyond your monthly payment. You can bookmark my profile page here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/ If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly. The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.
Experience: 33 yrs attorney on all nonimmigrant & immigrant visas