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 Need suggestions - out of status from 2 months
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Out of status reinstatement adjustment of status
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Posted on 07-09-24 5:09 PM     Reply [Subscribe]
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Hi, I am in F1 visa but after post-completion OPT, I have lost my status from a little over 2 months. It seems little confusing about reinstatement. Can I still apply for school and join in few months' time? Has anybody here experienced this situation? Please share what worked and what didnot work. I would highly value your insights and suggestions.
 
Posted on 07-09-24 5:43 PM     [Snapshot: 56]     Reply [Subscribe]
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You should have got grace period. You should have applied for the school when you know that you are not getting sponsored or only choice was go back to school. Don't let it go for more than 6 months or you'll be barred from entering US for 10 years. I think 3 months of out of status is 3 years bar. I think you still got some time so hurry the F up and get in status before its too late. Talk to new/old international adviser or the lawyer if you intend to stay in US with valid status.
 
Posted on 07-09-24 6:06 PM     [Snapshot: 83]     Reply [Subscribe]
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2 months is ok because ur inder grace period . Any where from 2 months to 6 months is 3 year bar from entering the us . You hvae 2 options:

1 . Immediately leave US and come after 3 years on any visa.
2. Marry us ctizen and adjust status beccause u have a legal entry
 
Posted on 07-09-24 9:14 PM     [Snapshot: 210]     Reply [Subscribe]
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There may be multiple ways to regain your F1-visa-status.

One avenue can be - immediately applying to a college that can issue an I-20. If you happen to be short on funds even an affordable local community college should work. But I believe you will have to write a formal letter [and your college applications documents ] explaining your situation on how your visa went out-of-status. Truthful reasons such as bereavement/illness in family or any challenging situation that weighs heavily on your mind/body; after all, we are all human, etc., kind of stuff . At the same, you have to persuade USCIS that you will take such kind of infractions seriously going forward.


 
Posted on 07-11-24 10:36 AM     [Snapshot: 565]     Reply [Subscribe]
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Thank you to all three of you @surexh, @haal haal pandit and @HelpYouHelpMe for all the ideas and concerns. I was applying for schools but ran out of grace period and out of status right now. But I am rushing on college admissions and whatever is required to be done at this part. Also, I am trying to take some advice from a lawyer. But I do want to repeat my gratitude for all of you for prompt replies and suggestions. Namaste!!
 
Shreeram ko didi ra ma
Posted on 07-11-24 9:00 PM     [Snapshot: 760]     Reply [Subscribe]
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You are in big trouble dude. I know lot of Nepali’s in a same boat like you and they havent been successful to adjust their statuslater to permanent resident . Keep in mind even a week of not being in status will be a problem later . You will find out once you start getting  RFE’s. While adjusting. As mentioned above by help you help me, things like illness or mental health problem might ease this situation however you have to provide proofs and evidences from a physician and this job is not easy. I am not trying to scare you but i know lot of nepali students being out of status and later making up stories to regain their status .
Last edited: 11-Jul-24 09:04 PM

 
Posted on 07-12-24 9:53 AM     [Snapshot: 1053]     Reply [Subscribe]
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Thumo,

The keyword is - "Reinstatement". Not a lawyer here, but ask me anything pertaining to this topic.

Eligibility for Reinstatement
  • Violation of F-1 status occurred within the last five months (or demonstrates that the failure to file a reinstatement within the 5 months period was the result of exceptional circumstances)
  • No record of repeated or willful violation of USCIS regulations 
  • Currently pursuing a full course of study 
  • Have not engaged in unauthorized employment 
  • Evidence that the violation of status resulted from circumstances beyond your control
Out of Status for 5 Months or Longer
Students who have been out of status for more than 5 months will more than likely need to leave the country and reenter on a new SEVIS record with a new visa. Students in this situation may file for reinstatement if they can demonstrate that failure to file during the 5 months was a result of “exceptional circumstances."


Last edited: 12-Jul-24 09:58 AM

 


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