Out of F1 status for more than 5months!Reeentry and probability!

[rahulmehta 0]

I have been out of my F1 status from March2012 because I did not register for classes and its been more than 5months that I have been out of status.

The school DSO told me to do a Reentry with a new Initial I-20 and the reentry at port of entry is not guaranteed and he told me a new Visa is not required.

Can someone help me out with making this clear!

DO I need a new visa for entering with a new Initial I-20

Will I be denied reentry if I try to come back with a new Initial I20 from my home country?

What are my options of coming back to status as its been more than 5months since I have been out of status,

thanks

[Penguin_ie 5,993]

I am confused- the I-20 is issued by the college, not your home country/ the US embassy there. The visa is issued by your home country. If you were not given a special dispensation to not register for classes, you have violated the terms of your visa and are unlikely to get another.

[rahulmehta 0]

I am confused- the I-20 is issued by the college, not your home country/ the US embassy there. The visa is issued by your home country. If you were not given a special dispensation to not register for classes, you have violated the terms of your visa and are unlikely to get another.

My School DSO told that I don't need a new VISA, but would require a new Initial I-20 with a different SEVIS and reenter and the reentry is not guaranteed.

[jaycali 415]

My School DSO told that I don't need a new VISA, but would require a new Initial I-20 with a different SEVIS and reenter and the reentry is not guaranteed.

This is true. If your visa is still valid, you'll be able to re-enter simply with a new valid and endorsed I-20. The school issues the I-20, not the embassy.

When the DSO tells you that re-entry is not guaranteed, this is due to the fact that you're currently (and have been for some time) out of status. Students on F-1 visas don't get a date stamped on their I-94, but rather D/S - Duration of Status, thus, re-entry really is a matter of what's been reported by your school. If this has been reported by the school to SEVIS (as it should have been), it'll pop up on the screen when CBP scans your passport (or something to that effect). If CBP knows you've been out of status for 5 months, don't expect a stamp and a warm welcome, but rather a return ticket. You'll basically be playing a game of "do they know?"

As far as coming "back in status" - This won't really help you out in the long run. Even if nothing is reported to SEVIS, and CBP admits you back into the country, you're unlikely to ever get a new student visa. Violating your student status generally incurs a 5 year bar.

Don't take this as legal advice. This is just what I've gathered from 5 years on an F-1 visa.

Edited November 4, 2012 by Jay Jay

[rahulmehta 0]

Which is the document which records my departure date, Is it I-94.

How do the CBP office know when I left the country?

Is there any other ways for them to know apart from I-94

[jaycali 415]

Which is the document which records my departure date, Is it I-94.How do the CBP office know when I left the country?Is there any other ways for them to know apart from I-94

Yes, the I-94 is the departure record. The airline will remove it from your passport and hand it over to Homeland Security when you board the plane. The CBP knows because the date you turn in your I-94 is the date you'll be recorded as having left the US.

In the case of a lost I-94 or an I-94 not being turned in, there is no other record besides flight manifests. In this rare circumstance, there usually will be no record of your departure, and you will be assumed to have overstayed. It is then the alien's responsibility to prove that they did not overstay.

They'll know when you left. One way or another.

Edited November 5, 2012 by Jay Jay

[rahulmehta 0]

The thing is I lost my I-94 and I have applied for a replacement I-94 but it is still is pending status.

I have the copies of my I-94 and the receipt number for the application for replacement I-94.

So if I turn in the copy and the receipt(for replacement I-94 application) will they be recording my departure date like how I turn in my I-94

Also can I exit the country without an I-94 and tell the airport officials that I lost it without showing them the copy and the receipt(as it will be having my I-94 number)

[Boiler 45,525]

You do not need the I 94 to leave.

I would keep copies of you departure details just in case it comes up in the future so you can show you left when you did.

I am not sure how much they rely on paper records now when you will be on the Airline manifest. Mainly done now it seems by computers.

[rahulmehta 0]

can I tell the cbp officer that i left early as they dont have my departure I-94 when I leave as I lost it and will it cause problems if they found out.

Also when trying to reenter with a new I-20, will my passport be stamped with deportation stamp or is it just denied entry.

[Boiler 45,525]

What do you thnk would happen?

[jaycali 415]

can I tell the cbp officer that i left early as they dont have my departure I-94 when I leave as I lost it and will it cause problems if they found out.Also when trying to reenter with a new I-20, will my passport be stamped with deportation stamp or is it just denied entry.

Of you're caught lying to an immigration officer you face a lifetime ban. There will be no CBP to check your passport when you leave. You will not have a problem leaving. Your problem will be upon returning. It all depends on what your school has reported to SEVIS. I would discuss this further with your DSO.