Student on F-1 out of status by minor mistake

[Hannah7]

Hi,

I am posting a question on behalf of a friend who is in the U.S. as an exchange student (F-1 visa). He hasn't left the U.S for couple of years and during the entire time he has been attending the college full-time as he was supposed to.

About a year ago, one semester, he got 2 credits below the required threshold of 12. No notification has come since then. And today, when he went to renew his drivers license, he found out that he is technically out of status and illegally here.

As soon as he found out he left the U.S. for his home country to attend a new visa interview.

What advice should I give him? Because he technically breached the terms of his stay, he is facing the denial. Does it help that it was not intentional, that he didn't know about it?

Thank you!

 

[JindraGC]

Hi,

I am posting a question on behalf of a friend who is in the U.S. as an exchange student (F-1 visa). He hasn't left the U.S for couple of years and during the entire time he has been attending the college full-time as he was supposed to.

About a year ago, one semester, he got 2 credits below the required threshold of 12. No notification has come since then. And today, when he went to renew his drivers license, he found out that he is technically out of status and illegally here.

As soon as he found out he left the U.S. for his home country to attend a new visa interview.

What advice should I give him? Because he technically breached the terms of his stay, he is facing the denial. Does it help that it was not intentional, that he didn't know about it?

Thank you!

He should consult with a lawyer. He faces visa denial

 

[mercier]

First thing he had to do before leaving the U.S. was to contact his school international students' office and apply for a "reinstatement". But since he have already left the U.S., it might be difficult to convince the visa officer. However, it never hurts to try, and as long as he is HONEST in his visa interview, he should be fine.