Wife's F1 Out of status -I-20 expired date

flmao

New Member
This is for my wife, so please help!

She arrived US in 2002 as F2. Got admission from a small college for nursing program and transfer to F1 on May 2005. It requires at least 1year (pre-nursing)+2 years(nursing program).

The problem is: The expire date on her I-20 is May 2007 because the junior college only issue 2 years I-20(as told by the ISO officer). She assumed that her I-20 will last at least until her graduation and didn't realized the expired date at all since she keeps full-time student status and good academic record. Until recently she found the expired date issue and it's almost 10 months passed.

Her ISO said since it already passed the date (May 2007) more than 5 months, it's not eligible for reinstatement. The ISO placed a request for reopen(or something like that) in SEVIS system and waiting for reply.

We know we shouldn't assume anything. The school should know her program will take at least 3 years but only issued 2-year I-20 to her. Even after the expire date, the school never did nothing to trigger the alarm and allowed her to register for 3 semesters( summer 2007, fall 2007 and spring 2008).

What she can do now? How can we fix this if the request get denial?

I know going back to home country re-apply a new visa is an option. But I also heard about something like 3/5 years ban of visa application if one falls out of status for certain amount of time. Even if she get the new visa, will this be a bad record for future green card application?

I know i asked too many questions. But please help!

Thanks a lot!
 
Get a lawyer immediately. If she hits the 12 month mark she might earn a 10 year bar (she might already have a 3 year bar). Since she was on F1 there might be a way around it (since F1 grants D/S status), but you definitively need professional legal advise today.
 
Hi: I think You should ask your internationa student advioser that send a messege to Sevis and tell them its her mistake or administrative mistake, if she is agree then you are good and if not then file for reinstatement and write a letter with the reinstatment form and tell them the real reason with the supporting acadamic documents and all the copys of your 1-20, your case is very strong and you will be able toi get through from it. There is no need to get an attorny , they gonna charge you arms and leg, since this is an easy case, and next time check you all docs dates.

Note: I am not a attorney, this is my opnion and past experience.

Regards
Faith4u
 
I completely agree with faith4you, the best is to talk to international students advisor ASAP and convince them that it is their administrative mistake, and they should state this to USCIS. I think this mistake is not something terrible, but something that has to be corrected by your international affairs office ASAP.
 
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