F-1 Out of Status - Please help

G

gaf21

Registered Users (C)
Hi yall
I am on F-1 visa and I was enrolled for less than full time during Fall 2004, as that was supposed to be my last semester.
But, I failed in one course and I am required to repeat it or take another one in its place this semester in order to graduate in May 2005.
Now, 2 days ago, when I applied for less than full time enrollment for this semester, my DSO says it is not allowed, and I am out of status.
He says that I need to reenter on a new F-1 status or apply for reinstatement, which could take upto 3 months. Also, he asked me to stop working on campus.
Please tell me if this is true and correct.
Please advice on what to do next, in order to be in status and complete my degree.
Thanks a lot in advance.
Take care
 
did you get the permission to enroll less than full time in the previous semester?
If yes, I don't see what the problem is with this semester. Talk to somebody higher than your current DSO.

If no, then you were out of status in the previous semester and should apply for reinstatement.
 
Hi LucyMO,
Thanks for your reply.
Yes, I did get permission for last semester, and it was endorsed on my I-20 as 'Authorized to drop below full course load from 08/27/2004 - 12/17/2004'

I talked to all three DSOs in my International Office, and they say the same thing - that I am out of status.

Please help - can I do anything at all in this situation?
Thanks a lot
 
In my opinion, since you took permission to take less than a full course load then you should be fine. F1 students are allowed to fail courses sometimes right?
 
Yes, I agree with Folu, I have been taking less than full course for more than two years now, with permission, of course, and it has been no problem. Talk to the director of the International Center, if you can.

here is what my school has to say:
http://international.missouri.edu/isss/students/immigration/f-1.html
Undergraduate Students. To maintain nonimmigrant student status, F-1 and J-1 undergraduate students must enroll and complete a minimum of 12 credit hours of instruction each fall and winter semester. Prior to dropping below a full-course load, you must consult with an ISSS advisor and obtain permission to reduce your course load. The Reduction in Course Load (RCL) Form may be used to request reduction for a limited number of academic or medical exceptions.
 
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Hi guys,
I really appreciate your responses guys.
My International office is very rigid - the three lady DSOs are very unhelpful in my case. They don't want to listen to me. They said - "the last semester was supposed to be your final semester , that's why you were authorised for reduced course load. You should have completed your degree requirements last semester. Failing a class and asking for reduced course load puts you out of status because you are allowed only 1 'Final Semester' in a degree".

I argued with them saying, this is a request for 'Academic Difficulty' and they could approve a reduction in course load. But they wouldn't budge.

Guys, I really need some good advice, 'coz I am losing my OPT privilege because of this. If I make a reentry, I am considered a new student again.
If I apply for a reinstatement, are there any chances of me being reinstated ?
Here is a link to my school's rules http://www.international.unt.edu/immigration/F-1/LessThanFullTime.htm
Thanks
gaf21
 
similar experience

I will tell you one similar experience I had when I was doing my MS. I came to USA in Spring 2001 as an F-1. My school has a rule which says tht every intl grad student must register for atleast 9 credits to be considered as full time. I did not know this during my first semester and so registered only for 6 credits (2 courses). My advisor thought that I registered 3 research credits, but I did not know the concept of research credits at that time.
After one year I got an email from intl programs office saying that I am out of status and need to go back to some other country and re-enter. At that time rules were very very strict bcoz of 9/11. I consulted many friends and even an attorney regarding this matter. They told me to explore the possibility of adding those 3 credits for that particular semester. I came to know that there is a university related ACADEMICS PETITIONS GROUP, which reviews students add-drop issues, grading issues etc. I filed a petition there with very strong recommendation from my advisor (saying that it is "his" failure to advise me properly during my initial period of stay) and got the credits added. So I never fell behind the 9 credit mark.
I hope this information helps.
These kind of situations are not very rare. Don't panic and try to gather as much info as you can get before doing any thing. I donot advise you to file for reinstatement here as there are very few chances that it might get accepted.

GoodLuck.
 
OK, so DSO doesn't claim that you were out of status last semester, right? You had autorization to enroll for less than full time.

They are claiming that you cannot register less than full time this semester, because that would make you be out of status for the current semester. Right? So, you are not supposed to be out of status yet. But from your first post it looks like they are saying you are already out of status, even though you haven't started the new semester (did you?)

can you go ahead and register full time this semester? I know it's probably a lot of money, but you will make it up during OPT. If they don't go for this, apply for reinstatement.
 
Thanks coolddude4fun and LucyMO for your responses.
Here's how the current situation is:
They say I am out of status right from the next day my semester ended, ie from 18 Dec 2004.
And, I even considered the option of registering full time now - but they say that is illegal - they term it as "administrative enrollment" - enrolling full time even after you have completed your degree requirements just to be in status.
Can you please clarify this - if ii apply for reinstatement and my application is rejected, is my current visa automatically cancelled? Do I then have the option of making a reentry even after the denial?
Unfortunately, my university has no such thing similar to an Academic Petitions Group.
Thanks for your help
gaf21
 
but you didn't complete degree requirements - you still have to take a class!
You cannot be out of status during your winter holidays, that's nonsense.

Well, it looks like you can't convince them. Apply for reinstatement, in your case you shouldn't have a big problem getting reinstated.

As far as I know reinstatement is for students who have been out of status for more than 5 months. If a student has been out of status for less, the DSO just issues a new I-20. Some DSOs don't know what they are doing, so if I were you I'd research the law and regulations pertaining to F-1 status and reinstatement asap.
 
Thanks for the advice lucyMO. I have just a few more questions to ask.
1. If my reinstatement application is rejected, is my current visa stamp considered automatically cancelled with immediate effect?
2. If my reinstatement application is rejected, can I still have the option of making a reentry to get a new status?
3. If I had decided to make a reentry to regain status, is there a chance of being denied reentry at the port of entry?
4. Does the rejection of my reinstatement application have an effect on my future H-1 visa application, if any?
Thanks a lot
gaf21
 
1 and 2 - I don't know.
3 - yes, of course, there is a chance.
4. It may or may not. If you don't accumulate any illegal presence, you should be fine.
 
GAF21, ur visa will be rejected automatically if ur reinstatement application is rejected.. i think u;l be given 10 days to leave the country and to re-enter u;l need to apply for a new visa.. i am sure abt this info..
 
Hi ya colldude4fun & LucyMO,
Cheers for the answers to my questions. Cooldude4fun, can you please confirm your answer - maybe with a link to an official source that says the visa is automatically cancelled

I am thinking of making a reentry from Mexico/Ciudad Juarez. If they deny me reentry, can I make a 2nd attempt at the same port, or perhaps from a different port?

Others, please share your experiences in making a reentry to correct status - from Mexico
Thanks y'all
gaf21
 
if you are making a reentry with the same I-94, it's like you never left, I think. If you submit I-94, you need to get a new visa at the consulate at the Ciudad. If a new visa is rejected, yo have to go to your home country to get a new visa. If you get rejected again - you are out of luck.
 
LuckyMo, what do u mean making a re-entry with same I-94? Thats not possible right? when u leave the country they would take out your I-94 from your passport and you will get a new one when u make a re-entry.
 
LuckyMO and cooldude4fun,
My DSO told me that at the Mexican border, they wouldn't be interested in taking your I-94. You have to explain to them your situation and hand over the I-94 - telling them that you are making a new/documented entry.
And, while returning, you need to ask for and fill up a new I-94 form.

I have a valid visa for my University. So I don't need to go to the consulate to get a new visa.

Can any one of you tell me, if a Temporary Visa is required to enter mexico just for 1 day? If so, what Visa would that be?
Appreciate your replies.
gaf21
 
what do u mean making a re-entry with same I-94? Thats not possible right? when u leave the country they would take out your I-94 from your passport and you will get a new one when u make a re-entry.
Click to expand...
Not when you go to Mexico or Canada.
 
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