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I am in usa under f1 visa. But my i20 was just got

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Hi, I am in usa...
Hi, I am in usa under f1 visa. But my i20 was just got terminated. What should I do next?
How long I can stay after my termination? As I made a research, there is no grace perid for whom is being terminated before the course ends. However, it is good that I leave within 15 days after or 21 days after. So if I stay with that amount of days, should I come to uscis to take document that I can stay to a specific day. So if I do another visa, i can show them the proof that I don't overstay?
And I intend to depart US within 20 days after my termination. And do another visa application. What document I should take to make my application strong to convince the embassy officer? Like professor recommendation, or letter of explaining my situation from my international student advisor?
I was terminated 1 week ago.
Submitted: 6 months ago.Category: Immigration Law
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Answered in 26 minutes by:
11/27/2017
Immigration Lawyer: KLAW, Lawyer replied 6 months ago
KLAW
KLAW, Lawyer
Category: Immigration Law
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Why were you terminated from the program
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Customer reply replied 6 months ago
I falled to pursue full time study. I didn't add enough 12 units
Immigration Lawyer: KLAW, Lawyer replied 6 months ago
There is no grace period for your dismissal. However, you should leave the U.S. quickly and then apply for a new I-20 and student visa from outside without the penalty of 3 years (not 5), or 10 years. Just make sure you leave the U.S. soon. At 180 days after termination, you activate the 3 year bar. At 1 year after termination, if you have not leave, you activate the 10 year bar.You should contact the SEVIS officer at the university you are now requesting entry into as she/he will have the specific information to assist you with reentry. A letter from the school and the reason you were terminated is very helpful with reentry.
You should do two things before leaving:
Schedule an appointment with your assigned International Student Services (ISS) adviser to discuss your options to regain F-1 status. At the appointment the ISS adviser will review your situation and discuss the travel & reentry process in detail.
Submit the online I-20 request to ISS. You will be asked to upload scans/photos of financial documentation.
I hope this clarifies. Please don’t forget to rate the question with stars so that I will receive credit and payment for assisting you with your question
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Immigration Lawyer: KLAW, Lawyer replied 6 months ago
If you have any other questions please just ask
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Customer reply replied 6 months ago
Thanks for your reply. However, everythings you replied I have researched and knew it. I have 2 parts needed to answer in my question:
1. Should I come to USCIS to verify my status and take any permission or proof that I am not overstayed. because i will leave next week when I have my new i20.
2. If I prepared to take new visa interview. Do I have good chance to gain visa again and what should I write in the visa application to convince them. Since in the visa application, they have a question that: "Have I ever been overstayed, violated any visa regulation term?" I intend to answer Yes and explain that I failure to pursue full time study and my i20 was terminated but I acknowledge about that and depart US right after that. but I still want to finish my degree so I hope I can have another chance to come back us to study. That's what I intend to answer in the visa application. Any ideas for me to explain it more clearly and more convincible? Also I intend to make a study plan with the counselor to indicate that if I come back I have a plan that finish my study in time, to show that I will not try to lengthen the period of study. plus with I will register full time study next semester and pay full amount for it.
3. In the application they have a question about the current working or education too. SInce my i20 was terminated with my old school, it means I was not the student of that school anymore. What should I fill for current education, in that form, they required to fill organization name, duty .... So I am wondering what should I fill?
I am really confusing and need help. If you answer like above, I could google too. But I am here because I need your help. So Please answer me with more details on my question. Thanks for your time!
Immigration Lawyer: KLAW, Lawyer replied 6 months ago

1) If you have not been attending classes and you are in the U.S. on an F-1 visa, then you are already out of status, and are not currently a student. In order to be in status, you need to have a valid visa and maintain the terms of that visa. So no you don't have to contact anyone in that regard. The school is most likely going to terminate your SEVIS entry which will put the Immigration Service on notice about your status violation. You need to file an application for reinstatement of your student status by enrolling in same school again or request transfer to another school which must issue you new I-20. Talk to your DSO about process, as I stated before. On any re application you must state what happened and that you were out if status, (Remember they have all of your records and not stating what happened will only make a denial certain).

2) If you are applying to resume classes at the same school you can try and reinstate. You need to file an application for reinstatement of your student status by enrolling in same school again. Again, talk to your DSO about process.

When requesting reinstatement, you must establish to the satisfaction of United States Citizenship and Immigration Services (USCIS) that you:

  • Have not been out of status more than 5 months at the time of filing the request for reinstatement (or demonstrate that the failure to file within the 5-month period was the result of exceptional circumstances and that you filed for reinstatement as soon as possible under these circumstances).
  • Do not have a record of repeated or willful violations of immigration regulations.
  • Are currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20.
  • Have not engaged in unauthorized employment.
  • Are not deportable on any ground other than overstaying or failing to maintain status.

You must also establish that:

  • The violation of status resulted from circumstances beyond your control. Such circumstances might include serious injury or illness, a natural disaster, or inadvertence, oversight, or neglect on the part of your ISS adviser, but do not include instances where a pattern of repeated violations or a willful failure on your part resulted in the need for reinstatement.or
  • The violation relates to a reduction in your course load that would have been within the international student adviser’s authority to authorize, and that failure to approve reinstatement would result in extreme hardship to you.

If USCIS approves the reinstatement request, the adjudicating officer will endorse your I-20 to indicate that you have been reinstated and will return the I-20 to you. If USCIS does not approve the reinstatement request, you may not appeal the decision and need to prepare to leave the U.S. immediately.

I hope this further clarifies. Many student will nit apply on their own but hire and attorney to assist to assure that the approval is granted.

Please don't forget to rate the question.

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Customer reply replied 6 months ago
you encourage me to apply for reinstatement in stead of coming back my country to take visa interview again?
And I am applying for new school and waiting for new i20.
I'm still having classes at my old school, and intend to leave right after my classes end.and it will be about 3 weeks from my termination. And I intend to leave and back country to take visa interview again. So do you have a good chance if I come back? Or I should do re instatement?
Immigration Lawyer: KLAW, Lawyer replied 6 months ago

Yes, you should apply immediately after termination and If USCIS approves the reinstatement request, the adjudicating officer will endorse your I-20 to indicate that you have been reinstated and will return the I-20 to you. If USCIS does not approve the reinstatement request, then you can apply while overseas. It is better to try and reinstate first.

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Customer reply replied 6 months ago
But I am apply for new school. Can I apply for reinstatement? It's not transfer in since my i20 was terminated, they said they cannot take me as transfer in. I need to do a new application then transfer my grades, but it's not transfer in
Immigration Lawyer: KLAW, Lawyer replied 6 months ago

You need to file an application for reinstatement of your student status by requesting a transfer to another school which must issue you new I-20.

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Customer reply replied 6 months ago
I'm more about coming back home and retake visa. Do you think which one it's less ricky?
Immigration Lawyer: KLAW, Lawyer replied 6 months ago
Less risky is applying here.
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Immigration Lawyer: KLAW, Lawyer replied 6 months ago
The risk if you choose to travel to regain status is that there is “no guarantee” that you will be issued a new visa or permitted to re-enter the U.S.The U.S. Department of State will review your visa application and decide if you are eligible for a student visa.The decision to admit you to the U.S. is made by the Customs and Border Protection officer at the port of entry.The factors and variables are too many to go into here, however your Schools DSO will prepare you. That is their job.Remember, If you are admitted to the U.S. with your F-1 visa in reentry, you will gain F-1 status. However, you will have a new SEVIS record, which means that you must be in status for 2 semesters with the new record to be eligible to apply for OPT or CPT.I hope this clarifies. Again please don’t forget to rate the question. We as attorneys are not employees of Just Answer and are not paid or compensated unless you rate the question with stars.
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