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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7308
Experience:  Experienced in all aspects of immigration and nationality law.
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Hi I have recently come back from the states after my f-1 reinstatement

Resolved Question:

Hi I have recently come back from the states after my f-1 reinstatement was deemed abandoned. I have stayed in the usa less than 180 days, but had to stay about 100 days or so due to me needing surgery on my knee. I have all the medical documents required, my question is, would I need them when I am applying for a new f-1 to explain that my overstay was not for just wanting to stay or work?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
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Yes. The overstay, even though it was less than 180 days, was an overstay, and therefore could be the basis for denial of the new F-1. Remember that the 180 days threshold is relevant for how long you could be considered inadmissible to the US; but any amount of overstay could lead to denial of a visa or admission to the US.

 

A medical condition could be helpful in helping you overcome a previous overstay, so having the documentation to support your claim that you had a medical condition would be very important in your quest for a new F-1.

 

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Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7308
Experience: Experienced in all aspects of immigration and nationality law.
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Customer: replied 1 year ago.

Thank you very much for your help! I know that there is a chance I may be denied, but I just wanted to make sure if the medical documents would help my case for a new F-1.

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