I came to US on a student visa for my masters but I left for more than 5 months. How can I come back?

[msstudent 0]

Hi. I am from India and came to California on a student visa to receive a master's degree from a university. Before graduation I returned to India for the summer to visit my family, but had some health issues so I stayed longer than the five month allowed time. The visa in my passport says it is valid until 2015, but since I was gone more than five months am I not allowed to come back? How can I fix it so I can return????? Please help!

I am now in Canada on a tourist visa visiting family. My brother here applied for my Canadian residency, which I will soon be approved for, but I would rather return to US and continue my life there. I don't know if that makes any difference in my application process being in Canada currently, but I thought I should share every detail with you. Thank you.

Edited January 12, 2012 by msstudent

[aaron2020 11,651]

Your student visa is dependent upon your continual attendance/enrollment at your school. If you haven't maintain your school enrollment, the visa is now voided since you are outside the US and have not maintain your student status. Your F-1 visa is now useless.

------------

http://travel.state.gov/visa/temp/types/types_2941.html

Student Visa Validity Following a Break in Studies

Students who are away from classes for more than five months can expect to apply for and receive a new F-1 or M-1 student visa to return to school following travel abroad, as explained below.

Students within the U.S.

A student (F-1 or M-1) may lose that status if they do not resume studies within five months of the date of transferring schools or programs, under immigration law. If a student loses status, unless USCIS reinstates the student’s status, the student’s F or M visa would also be invalid for future travel returning to the U.S. For more information see the USCIS website, and instructions for Application for Extend/Change of Nonimmigrant Status Form I-539 to request reinstatement of status.

Students - Returning to the U.S. from Travel Abroad

Students who leave the U.S. for a break in studies of five months or more may lose their F-1 or M-1 status unless their activities overseas are related to their course of study. In advance of travel, students may want to check with their designated school official, if there is a question about whether their activity is related to their course of study.

When the Customs and Border Protection (CBP) immigration inspector at port of entry is presented a previously used, unexpired F-1 or M-1 visa by a returning student who has been outside the U.S. and out of student status for more than five months, a CBP immigration inspector may find the student inadmissible for not possessing a valid nonimmigrant visa. CBP may also cancel the visa after granting the student permission to withdraw the application for admission. Therefore, it is prudent for students to apply for new visas at an embassy or consulate abroad prior to traveling to the U.S. to return to their studies, after an absence of more than five months that is not related to their course of study

[NancyNguyen 1,657]

Contact your school, explain and get new I-20 then apply for the student visa again... And yes your old visa is invalid when your I-20 is terminated.

[GandK 168]

Hi. I am from India and came to California on a student visa to receive a master's degree from a university. Before graduation I returned to India for the summer to visit my family, but had some health issues so I stayed longer than the five month allowed time. The visa in my passport says it is valid until 2015, but since I was gone more than five months am I not allowed to come back? How can I fix it so I can return????? Please help!

I am now in Canada on a tourist visa visiting family. My brother here applied for my Canadian residency, which I will soon be approved for, but I would rather return to US and continue my life there. I don't know if that makes any difference in my application process being in Canada currently, but I thought I should share every detail with you. Thank you.

Your student visa has already expired since you stayed out of the country for longer than 5 months. You will have to apply for school and student visa again.

Did you already graduate from school? If so, you might need a totally different kind of visa to enter the country, work visa maybe. Unless you of course plan to start another study program.

You being in Canada does not make any difference. You will have to go back to your home country and apply for the visa there anyhow.

Edited January 14, 2012 by GandK