You are in Serious troubles your fate became over when you filed for reinstatement with your college. I was in a similar situation as you.
Heres my story.........
I came here as an F1 student and was going to school until fall 2006 i did not have money to pay for my fees things where tight for my family and i. My F1 visa was terminated and i became out of status. This was a beging of the hell i was about to experience. My school nofied ICE and ICE came to my apartment and served me with a warrant of arrest they then took me down town. The agents were pretty polite when they arrested me.
I was detained by (ICE) immigration 15 Nov 2006 and my bond was $20 0000 my family raised it and i was bonded out on 15 Dec 2006. Once you bond out Immigration can NEVER detain you again unless you miss your court date or commit any crime. When you are placed in removal proceeding your first court date "master hearing" if you do not have a lawyer all you need to do ask the judge to give you more time to look for legal counsel b4 you even start to fight your case.
Well I was engaged to a US Citizen and not yet married when i got arrested for my F1 visa violation. So we were living 2gether for about 9 Months. We had evidence that we were living together and shared multiple accounts together. When I got out from INS custody a week later we immediately got legally married with our families both being present @ the wedding. We filed the I-130 4 days b4 my court date and went 2 my court hearing. My father-inlaw an Active Duty US Army officer Lt. Col. accompanied us to the hearing. @ the hearing all my lawyer did was asked the judge was for more time so i can have my I-130 approved by immigration services. I also presented the judge and US Gov prosecutors with the evidence like our lease, bank accounts, utility bills + all other combined accts we had together prior to me going into immigration custody. Her father was questioned about our relationship and the judge clearly saw that the marriage was bona fide and the US Gov prosecutors had no case against me, so they agreed to let me deal with the immigration services. So my I-130 is now approved, I did the medical, I file the I-485 with the court and did the finger prints. I will be going to court scheduled first week of August 2007 the judge will approve my I485 the same day and then wait for get my GC in the mail. This whole thing took me 10months and cost me $5000. In legal fees
Now this is my advice to you.........
1. You failed to maintain your status by not registering during your spring semester. that alone put you out of status. As an F1 student your condition of staying in the country and maintaining your visa is to go to school FULL time during spring and fall. YOUR ARE NOT REQUIRED BY LAW TO GO TO SUMMER SCHOOL unless you are a freshman or graduate student who is starting their first semester in summer.
2. When you skip a semester by not go to school. Your college reported you to immigration thru the SEVIS system and that will automatically cause ICE to flag you.
3. You school did its part by reporting you to immigration that you violated your F1 Visa. It will be up to ICE to either come after you and enforce the law. Due to lack of ICE police personnel many students can stay many years out of status without facing deportation. When ICE has located you or you break the law and your immigration status is checked by any law enforcement the will call ICE on you.
4. Right now you went to school in good faith to try and re-instate you self and go back to school. You school has NO JURISDICTION over your reinstatement process its up to immigration (ICE) to approve you or deny you. All your school will tell your after u file your re-enstatement process is whether you have been approved or not. YOUR SCHOOL WILL NOT BE HELPFUL AT ALL. Now that your SEVIS has been terminated this means that your F1-visa HAS BEEN TERMINATED and you are out of status.
5. There is no hope for you at this point UNLESS you have a relief. A relief is a good reason why the US FED. GOV. should not deport you. You are going to need a lawyer at this point going forward. ICE will serve you with an NTA- notice to appear (under section 240 of immigration and nationality act) b4 an immigration judge. The NTA will also have reason why you are deportable and why the US. GOV. regards you inadmissible and the laws you broke(form I-862). There is a high possibility that a warrant of arrest will be issued (under section 287 of immigration and nationality act) So brace your self for a fight with uncle sam.
lastly you will be placed in Removal "deportaion" proceedings soon and your reinstatement will be DENIED by ICE- immigration if they have not already. They will transfer you to the Dep. Of Justice Immigration court so you can tell the judge why you should be allowed to stay. If you have no relief there are two option for you let the US. GOV deport you or ask for voluntary departure. You still face a 10 year ban. You need to consult with a lawyer to see if you qualify for any relief first. do not rush to sign of on either your deportation order or voluntary departure see if you can fight your case or not.
Good luick
