Am i out of status?

M

missing_status

New Member
Hi,

My current school has terminated my I-20 due to withdrawal of admission.

I do not have a new I-20.

What happens next? Can I legally continue to live in the USA for the next 5months and apply to a new school that will offer me a new I-20?

Do I get a grace period after I-20 termination?

My student visa (F1) is valid untill Aug 2012.

Thanks...
 
missing_status said:
Hi,

My current school has terminated my I-20 due to withdrawal of admission.

I do not have a new I-20.

What happens next? Can I legally continue to live in the USA for the next 5months and apply to a new school that will offer me a new I-20?

Do I get a grace period after I-20 termination?

My student visa (F1) is valid untill Aug 2012.

Thanks...
Click to expand...

If your school has terminated your I-20 you should have 2 months to leave the country. I think that you need to find a new school and apply for a new I-20 ASAP. You cannot live in the USA for the next 5 months. I am not even sure that they gave you the standard grace period of 2 months to decide whether you want to transfer or leave.

Your student visa does not entitle you for a stay; it's a visa that allows you to get in the country. To stay you need to maintain your F-1 status, which you didn't.
 
Greetings,

So should i go back to India and re apply for a fresh I-20 or do i have to reapply for a new F1 visa?

I do have a school which might issue a new I-20 to me. Should i wait until i get that (which could take 15 days) or should i leave?


Sincerely...
 
missing_status said:
Greetings,

So should i go back to India and re apply for a fresh I-20 or do i have to reapply for a new F1 visa?

I do have a school which might issue a new I-20 to me. Should i wait until i get that (which could take 15 days) or should i leave?


Sincerely...
Click to expand...

First of all, please, be aware that I am no expert in these issues nor am I an attorney. My opinions are based on the three years of experience in dealing with i-20 issues for my wife.

If you can get your I-20 fairly soon, then you should do so. Remember, according to the law, you are not out of status until an immigration judge issues a disposition (think that is how it's called) which says that you are out of status and need to leave the country. Have not heard that happening to anybody. Read here: http://www.state.gov/documents/organization/87120.pdf more about out of status.

Bottom line, get your i-20 ASAP. Don't think you need to leave the country if you have an opportunity to continue your studies here at another school.

If in doubt, you could consult with an immigration attorney.

P.S. Here is a good discussion that has some relevant information for your situation.
 
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