Denial of Reinstament for f1 statust help required

faith4u

Registered Users (C)
Hi folks:I was out of statust because i was droped from one course accidently, but it was my mistake.I have applied for reinstatment but it was refused becuse my dso was angree with me and she complainted to ins.now ins have given me the 30 days to file a motion. my lawyer is saying that your chances are very low for reinstatement. my visa is expiring in 2006 and i called to savis that is my visa still valid they replied yes but my dso is saying that you have to get a new visa from your country.i am confused i want to exit from the country and then reenter because i want to avoid the motion process.plz give me the information and sugestion what shoud i do i have no time and i will appriciate your help. i was out of status in the end of nov and its one month till now.
 
your visa is still valid, just reenter and make sure you have a good valid I-20 with signatures and all.
 
Yes, LucyMO is right. Just leave the country - you can go to Mexico or Canada and reenter. At the border, you need to surrender your current I-94 and while reentering, get a new I-94 and have the I-20 stamped.
I did the same thing last month when I was out of status - went to Mexico (through ElPaso) and came back.
Good luck
 
one question from folks

yes my visa is still valid but ins denied my application for reinstatment and my dso is saying that you are presence in usa is illeagal and your visa is cancel under saction (G)222 she shoud me the ins instruction but my friends are saying that your visa is good so what shoud ido keep in mind my reinstament is denied.
 
Hi faith4u,
If your reinstatement application is denied, the issue of whether your current visa is cancelled or not is unclear.
I would say - request your DSO to give you a new I-20 with 'Initial Attendance" - tell them you will make a reentry.
Then go to mexico or canada (but be prepared to visit the US consulate for a new visa, in case your visa has indeed been cancelled) and try to enter with your current visa.
If you visa has been cancelled, they would let you know at the Port of Entry.

Yes, if your reinstatement is denied, you need to take corrective measures or leave the country within 15 days.
 
there is a difference between being "out of status" and bring "unlawfully present" in USA. if reinstatement is denied you will be start accumulating unlawful days, subjecting you to reentry bar of 3/10 years. make sure you get out of country asap and come back in with new I-20/I-94. In case visa is also cancelled or expired you will have to go back to consulate (possibly in home country) for a new one.
 
f-1 reinstament

hi guys...I need help because i was studying in an english program (esl) and i finished that program at that moment i was applying to a college ... but in the first program they told me that i need to keep studying not to lose my visa until classes start in the new one...so i registered in an optional level but i missed many classes ...that was one month ago...now when i try to change my I-20...they told me that i am out of status because i had many absences..but i have a diploma an a transcript. what do i have to do? do i have chance to recover my status? im really worried.
 
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