F1 status...I-94 valid till 2011

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revoke485

Registered Users (C)
I came to USA on F1-Visa in the year 2005 and i had completed 1year of study(1st semester and 2nd semester) but i falied few subjects and i discontinued studies and i got married and left the college and staying in the USA as a dependent but did not change my status to H4. Officially i am still on F1_Visa on the passport.

Its been more than 18 months and I can to india few weeks back, Now i like to go back to USA on F1_Visa and join the same college or change the college by paying fees and i do not need any scholarship or funding..I can pay my own fees.

Is it possible to come to USA and study?. Will I able to land in the USA using the same F1 visa i got 2 years back?

Please advice.
 
You should consult an experienced attorney immediately. By dropping out of school you went out of status. The visa stamp only allowed you to enter the US. You were required to attend school to be in F1 status. Being more than 1 year out of status can land you a 10 year bar from entering the US. There are some special rules for D/S status (such as F), so talk to a good lawyer and you might be able to get around it. But just hopping on a plane and trying to enter with that old F-1 is definitively not going to work.
 
thanks nscagony, Can others please share your expereince as well.
I spoke to 2 attorneys and they said in different ways but whe F1_visa rules say if the University which has sponsered the F1 and has stampping on the passport and if the same university is willing to welcome to join the studies will the gap of 18 months will cause any problem of staying in the USA and now being in INDIA?

Please advice...i am tensed and need more experiences if anyone had faced this problem...
 
This has nothing to do with the University. You violated federal immigration law. There is nothing the University can do to fix this. You cannot enter the US as a non-immigrant for 10 years from the day of your departure.

You need a new visa and the consulate will not issue one to you for 10 years.

Your only chance is to get a good attorney and to have the attorney explain to the consulate that you were on an F-1 visa and that you were not told you were out of status by USCIS or an immigration judge. This is a gray area and it might work (MIGHT).

If you try to enter the US without sorting this out first, you will get deported right away. That much is for sure.
 
did you give your i-94 when you left US? i heard that when you don't, chances are lower to get caught when you try to come back.. i can't confirm that though
 
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