If new F-1 denied; what is status of unexpired existing F-1

[Leo7777 243]

I haven't seen this discussed here.

Suppose a person has 7 months left until existing F-1 expires. They can travel back and forth from USA to home country.

Now what if, when the person is on such a trip in their home country, they submit all documents to apply for a new F-1 for a new program in USA such as a PhD. The F-1 for PhD is usually given for 5 years.

They are denied the new F-1 .

What happens to the valid existing F-1 pasted in the passport that is still good for 7 months?

Do they put a cancellation stamp on it or some such - - - or can the person travel back to the USA on this existing, unexpired F-1 ?

[Dip694 7]

Well from my understanding the F-1 would still be valid assuming you are registered as a full time student. If that is the case you are still valid. I don't foresee them denying your F1. I have had several F-1 in my early days and never had an issue when changing school degrees or continued school.

Hope this helps.

[jaycali 415]

The existing F-1 was issued on its own merit, and should be valid until its expiration date. However, this depends largely on the reason for denial of the new F-1. I.e. if they think you're an intending immigrant, they may cancel the existing F-1 as well. If you i.e. just couldn't prove enough to funds to finish your p.hd then it shouldn't have any effect on your current visa.

[Pitaya 2,577]

~Moved from WST-based AOS to Student & Exchange Visitor Visa Forum~

~Inquiring about student visa~

[Leo7777 243]

Well from my understanding the F-1 would still be valid assuming you are registered as a full time student. If that is the case you are still valid. I don't foresee them denying your F1. I have had several F-1 in my early days and never had an issue when changing school degrees or continued school.

Hope this helps.

Could you elaborate on your experience please.

In your case, did you get a second, third, etc., F-1 because you finished a BS, then got a second for masters, third for PhD, etc.

Or did you not finish the program for which your original F-1 was issued, it ran out of time; and then had to get a new F-1 to continue the program at another university; or what?

As to my original point; yes, I understand the original F-1 is still valid if it had not yet expired - - - EXCEPT IF they put a big stamp on it saying VOID at the same time that they deny the request for a second F-1.

That is my basic question.

[Leo7777 243]

The existing F-1 was issued on its own merit, and should be valid until its expiration date. However, this depends largely on the reason for denial of the new F-1. I.e. if they think you're an intending immigrant, they may cancel the existing F-1 as well. If you i.e. just couldn't prove enough to funds to finish your PhD then it shouldn't have any effect on your current visa.

You bring good logic to this. A big factor would probably be the reason for denying the new F-1.

It would be good to hear from/about someone who did have a new F-1 denied - - - and what actually happened to the status of the existing, unexpired F-1.

[Leo7777 243]

Still hoping to hear from someone who has actually experienced the scenario I posted, or knows personally about someone who has.

i.e. Applied for second F-1 while visiting in home country before first F-1 expired; had second F-2 denied . . . were they able to re-enter USA on the unexpired first F-1, or did it have a cancellation stamp placed on it.

Thanks

[jaycali 415]

I haven't had that experience. Hopefully someone else will chime in on that.

My best logical guess would be that it all depends on the reason for denial. If you're worried about being denied for immigrant intent I wouldn't worry too much about it either.. The fact that you've already held an F-1, and not violated it shows that you're not abusing your visa.

[jan22 3,056]

It also depends on whether you have finished the course of study for which the original F1 was issued. If you have, it cannot be used to enter the US just because it appears to be still valid. It isn't -- since you are not entering to study for the program for which it was issued.

[Ayumi_Hamasaki 4]

I've seen many F-1 students renewing their visas without any problem, myself included. I've renewed only once.

Being a Japanese, I get a 5-year F-1 visa. After my first 5-year visa expired, I obviously went back to Japan to reapply my F-1 visa. There was not even an interview. I showed up, exchanged a few words, and that was it.

I know other folks who have renewed several times, such as students from mainland China. Their F-1 visa is typically valid for one year. So they have to apply every time they go home for winter break. I don't know of any one whose F-1 was denied. If such a case exists, it's probably the case where the student's GPA is too low, has an academic misconduct history, has had a citation of some kind (traffic being one).

[RhettVoe 282]

It would be uncommon for a second F1 to be denied (and an experienced CO would then cancel the first one)...the applicant would have to be flunking out of the first course of study, or have dropped out for a while, then admit to working illegally or maybe reveal plans to stay in the US at the conclusion of all of the proposed study....in general, if you were considered to be a valid student originally, you'd have to work pretty hard to mess that up on the second go around.

This would not be true, however, if you had arrived in the US as a tourist, then, moments after touchdown, decided to study, changed status, then went back home some day to get a new visa...getting the second one could be iffy.