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I live in Illinois State. My F1 VISA status has been revoked

because I was arrested for...
I live in Illinois State. My F1 VISA status has been revoked because I was arrested for Aggravated Assult, Class A misdemeanor. Now I've been sentenced Aggravated Assult, Class A misdemeanor. I'm trying to transfer to another college before getting dismissed from my previous university. Here are my questions:
1. Can I attend college in the US now?
2. How can I solve the problem and re-activate my F1 VISA status?
3. What's the difference between rejection and revocation on F1 VISA?
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Answered in 5 minutes by:
11/2/2017
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,208
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Ask Your Own Immigration Law Question

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

1. Can I attend college in the US now?

Yes, it was the Dept of State that revoked your visa. That means if you leave you have to apply for a new visa stamp and probably would be refused for an aggravated misdemeanor depending on the maximum sentence you could possibly receive and whether you got a sentence of more than 6 months of probation or incarceration.

You may have a difficult time getting a reinstatement if your SEVIS is terminated. The new school would have to recommend reinstatement and then you need to ask USCIS to reinstate your status. Having SEVIS terminated for criminal reasons may weight in heavily and USCIS most likely would not reinstate your status.
2. How can I solve the problem and re-activate my F1 VISA status?

As long as your school does not terminate your SEVIS you can remain in the US on your F1 status with a valid I-20. You are saying the university may dismiss you so they hold the power over you while you are in the US.
3. What's the difference between rejection and revocation on F1 VISA?

Rejection= is when you leave the US and file the DS-160, pay the visa fee and appear for the interview and you are refused a visa based on criminal history.

Revocation= when you are in the US in legal status and the Dept of State pulls your visa stamp which means you cannot travel back to the US if you leave unless you get a new visa stamp.

I'd like to know what your sentence is and what the possible maximum sentence you could have received. Generally the university is not aware of your arrest unless it involved the campus or another student.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,208
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,208
29,208 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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