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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28209
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am currently on F1 OPT. Last year sept, 2015 I got a DUI

Customer Question

I am currently on F1 OPT . Last year sept, 2015 I got a DUI as a result USCIS did a prudential visa revocation in December 2015. Recently in July I applied for my 7 - months of OPT extension. USCIS denied my application saying that currently I am not in a valid visa status and they cannot approve my OPT extension. As per my understanding that prudential visa revocation does not affect the status in US, only when I travel outside of the country I need to get it stamped. My SEVIS is also active, I got it confirmed from my DSO. Could you please help me with this. I have the option to file a motion against the decision
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I am on F1
JA: Have you talked to a lawyer yet?
Customer: When initially I received the NOID for my opt application, I spoke with a lawyer and we send a reply to the application providing all the supporting documents that I am on a valid visa status but again USCIS denied it and sent the decisison
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think I have covered everything
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

USCIS has recently revised it's policy manual.

Here is the new section you can read. I am going to look up the recent news bulletin sent to us by our association regarding USCIS treatment of visa benefits in the US where a DUI conviction has been flagged in the background check.

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume8-PartB-Chapter7.html

It may require you getting a new visa stamp following examination by a physician at the Embassy as I recall. If the visa became voided then your entry on it is treated as revoked.

Let me research to give you further info that came in this week.

Judith

Customer: replied 1 month ago.
I have a question, I am currently in US. If I take admission now to a university, then do I still need to go for stamping? Or I can just do a SEVIS transfe and start schooling ?
Expert:  Judith replied 1 month ago.

I am very much aware you are in the US but if the visa has been revoked then your status here on that revoked visa is no longer valid.

This was just published this week or last and I am still researching that for you to show you the new policy.

Can you allow me some time to do this or would you prefer another expert to take over?

I am digging now through our recent postings.

Judith

Customer: replied 1 month ago.
Hi Judith, thanks for this. Please take your time. I will be waiting for your response.Thanks,
JP
Expert:  Judith replied 1 month ago.

i'm digging and will be back as soon as I hit on it.

I cannot find it but I know I read on an AILA site that USCIS has revised policy to deny requests for new benefits where the applicant has a DUI, new benefits were said to include estension of stay and change of status.

I just cannot put in so much additional time to find it. You will want your attorney who filed the response to the RFE to do that research and appeal for you.

I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Expert:  Judith replied 1 month ago.

Have your lawyer research the association website for the update on policy.

Judith

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