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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12292
Experience:  Write FOR JAMES to get my help!
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I am out of status and i wanted to reinstate, not yet i am

Customer Question

hello
JA: Hello. How can I help?
Customer: i am out of status and i wanted to reinstate
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: not yet i am still finding out on how how to go about it
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: just the reinstatement of my f1 visa
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Expert James replied 1 month ago.

Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

Customer: replied 1 month ago.
hi
Expert:  Expert James replied 1 month ago.

What are your questions?

Customer: replied 1 month ago.
i have been out of status for 2 months now(f1 visa) and i still dont know how to go about the reinstatement process.
Expert:  Expert James replied 1 month ago.

OK, but what happened? Why did you fall out of status?

Customer: replied 1 month ago.
i could not respond to my emails on time and they terminated my sevis record
what should i do sir?
Expert:  Expert James replied 1 month ago.

What emails? Did you fail your classes? Did you fail to stay full-time? There had to be a basis for terminating your status. What was that? That's the only way U can answer your questions.

Customer: replied 1 month ago.
I failed all my classes because i was not able to attend classes.
I had went through home sick and depression, as it was my first time in the US everything was new to me.
Expert:  Expert James replied 1 month ago.

Thank you for your patience and sorry for the long delay. I was offline when you responded. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: In order to reinstate your status, you have to do a few things.

First, you need to get a new I-20 from the DSO recommending reinstatement. Then you need to file form I-539, along with the I-20, to the USCIS.

The USCIS will consider reinstatement if you have not been out of status for 5 months or more, you do not have a record of repeated willful violations of immigration regulations, you are going back to a full course of study, you have not been employed illegally, you are not deportable for something else, like a crime or fraud, etc.

In your case, you will also have to show that your violation of status was because of circumstances beyond your control, like a medical issue, etc. So if you have some sort of proof of your depression, etc., that would be very helpful. If you don't have proof, then file the application anyway, and give a good explanation. Provide as much information as you can and hope that it will be approved. There is no way to guarantee approval of reinstatement. These decisions are discretionary so only the officer can make this decision for you.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Customer: replied 1 month ago.
do i have to get recommendation from the previous college DSO or i can get help from
DSO of different college?Thank you so much for your help sir.
Expert:  Expert James replied 1 month ago.

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: You can get the recommendation from a different college. But you must request from the original DSO that your terminated record is transferred to the new school. The original school/DSO will need to have confirmation from the new school that you have been accepted.

Then, on the transfer release date, the DSO from the new school will become responsible for your SEVIS record. The new DSO has to make the recommendation for reinstatement of the SEVIS record and issue you the new I-20, as I already described.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!