How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105598
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

I am an international student recently graduated from virginia

Customer Question

i am an international student recently graduated from virginia international university and have applied for opt on october 22.yesterday i got the status update as decision notice mail for the opt denial.I am very much tensed and want to know the available options for me in the present situation
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Can you tell me the reason for the denial? Have you spoken to the Designated School Officer (DSO)?
Customer: replied 8 months ago.
i did not get the readon.it was mailed yesterday and the DSO are not responding properly.They were like once we call the notice we will try
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
I'm not sure what I can do for you if we do not know the reason for the denial. Did you work illegally at any time? When did your program end and when did you file the OPT request?
Customer: replied 8 months ago.
i did not work.i file for opt on oct 22nd and my progrsm end date is dec 1st
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
That's within 90 days of completion, so I don't see that as an issue. Is there anything else that you can think of?
Customer: replied 8 months ago.
what are the possible options that i can do to stay in the country with legal status
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Why are you up to thinking about that? Are you sure you don't have any idea why they would deny you?
Customer: replied 8 months ago.
really i dont have any idea sir
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Well, once you are out of status, you cannot get back into status through studies, employment or investment. You would have to leave the U.S. and apply from outside. Luckily, since you are probably D/S, or Duration of Stay, you have not accrued any unlawful presence time. So your options would be the following: 1) Appeal the decision which would keep you in status, but if the appeal is lost, your unlawful presence counts from the date of original denial. At 180 days of unlawful presence, you activate the 3 year bar meaning that you cannot come back to the U.S. for three years unless you get a very hard to get waiver. It is 10 years when you reach 1 year of unlawful presence. 2) If it has been less than 5 months since your denial, you can ask for reinstatement into a new F-1 program or perhaps a new F-1 program at a different school. 3) You can leave the U.S. and apply for a new F-1, or an H-1B from outside of the U.S. Same thing for most other visas. 4) Apply for Asylum (you had to have done this within the 1st year of being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get. 5) If you marry a U.S. Citizen (for love, of course), you could file for Residency to be able to stay in the U.S. The same if you have a U.S. Citizen son or daughter over 21 that petitions for you. I wish I had better news for you, but hopefully the denial of the OPT can easily be fixed. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 8 months ago.
i got this letter today sir
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
I'm concerned that you did not leave a positive rating for me before. You also did not tell me that you had received an RFE in regards ***** ***** EAD. So you did have an idea why they might deny you. So now I reviewed your denial letter and it's obvious why they denied you. I would appreciate a positive rating after I answer a few more questions for you. What questions do you have for me?
Customer: replied 8 months ago.
actually me concerns are not over.so i thought like leaving you the positive feedback at the end.what do you think the problem is for the denial and what are the options available
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Luckily for you we do not "finish" just because you leave a positive rating. You can leave one and still continue to ask additional questions without additional cost. Unfortunately, my answer remains the same as the 5 options that I already listed for you. I don't think you will win an appeal, but you may have to do reinstatement and then file again for a new EAD. If you reinstate and clear everything up, then you may be able to apply for a new EAD is the timing is right. You should work closely with your DSO to make sure things are done correctly and timely. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Related Immigration Law Questions