Jump to content
LizaG

Overstaying Visa time? Help ASAP!

By LizaG in Student & Exchange Visitor Visas

 Share

7 posts in this topic

Recommended Posts

LizaG Apprentice

LizaG   0

Posted
Filed: AOS (apr) Country: Sweden
 Timeline
Posted

Need help ASAP!

I will be starting school in the US on June 30th. I have a ticket to arrive in the country on the 18th. My graduation is on June 26th 2013.

Now I got an email from my school contact saying that I will be overstaying my visa time and that I need to call the SEVIS/ICE people. Got no answer but I need to know.

According to my embassy's website I get 30 days in 'holiday time' outside of the visa time limit but perhaps I misunderstood or missed some detail about it. That would be unfortunate, since my ticket is non-refundable. Stupid, I know but at the time I was quite sure of the rules.

What should I do?

Keep the dream alive...

Link to comment
Share on other sites
engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Need help ASAP!

I will be starting school in the US on June 30th. I have a ticket to arrive in the country on the 18th. My graduation is on June 26th 2013.

Now I got an email from my school contact saying that I will be overstaying my visa time and that I need to call the SEVIS/ICE people. Got no answer but I need to know.

According to my embassy's website I get 30 days in 'holiday time' outside of the visa time limit but perhaps I misunderstood or missed some detail about it. That would be unfortunate, since my ticket is non-refundable. Stupid, I know but at the time I was quite sure of the rules.

What should I do?

This is from ice.gov:

http://www.ice.gov/sevis/becoming_nonimmigrant_student_52007.htm

After obtaining an F-1 or M-1 visa, the prospective student may apply for entry into the United States through a U.S. POE no more than 30 days prior to the program start date on the student’s Form I-20.

What is the date on your I-20? June 30th? and you are arriving on the 18th of which month? May?

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
Link to comment
Share on other sites
Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Usually, a student visa is good for the course.... when does your actually study/ course end?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites
LizaG Apprentice

LizaG   0

Posted
Filed: AOS (apr) Country: Sweden
 Timeline
  • Author
Posted (edited)

Yes but they can't expect people to fly half across the world and then start school right away? Isn't that what the "arrive within 30 days prior to school start"-rule is all about?

On the I-20 it says that I have to report to the school no later than June 30th next month and that I have to complete the studies no later than June 21st 2013. The course is one year.

I have a ticket to the US on June 18th.

So my school representative says it's a violation since I will be overstaying my visa time because it's only for a year.

Edited by LizaG

Keep the dream alive...

Link to comment
Share on other sites
engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted (edited)

Yes but they can't expect people to fly half across the world and then start school right away? Isn't that what the "arrive within 30 days prior to school start"-rule is all about?

On the I-20 it says that I have to report to the school no later than June 30th next month and that I have to complete the studies no later than June 21st 2013. The course is one year.

I have a ticket to the US on June 18th.

So my school representative says it's a violation since I will be overstaying my visa time because it's only for a year.

If your I-20 says June 30th, and you are arriving on June 18th, I don't see a the problem.

Not sure where your school rep is getting the information about overstaying your visa.

As a student, your visa is just an entry/re-entry document, as long as the visa is valid at the time of entry.

What controls how long you can stay in the US is your I-20.

When you arrive here at the POE (port of entry) your I-94 will be stamped with a date that is 30 days after the end of your program because you are on M-1.

So you have the 30 days before the start date on your I-20, and 30 days after the end date on your I-20.

I hope this school rep is not your actual DSO (designated school official).

Because DSOs are like your lifeline.

They are the ones who make sure your I-20 is up to date, endorse your I-20 for travel and re-entry, help you file for OPT after you finish your studies.

I would just make sure you have all your paperwork with you when you arrive (passport w/ visa, I-20)

Also bring proof of financial resources, proof that you are registered for the course, etc.

Good luck and enjoy your studies! :)

Edited by engineer21
AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
Link to comment
Share on other sites
LizaG Apprentice

LizaG   0

Posted
Filed: AOS (apr) Country: Sweden
 Timeline
  • Author
Posted

That's what I thought! Thank you, this really calms me down. The school rep is the dean of admissions, so yes she is the only one I've been in contact with and she is on the I-20. She told me to discuss it with the SEVIS people.

I just panicked for while there. Phew.

Keep the dream alive...

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...