Do I need a new F-1 Student Visa if I have been outside the US for more than 5 months?

[Al3aZeF 0]

Hello,

I used to be a student at Arizona State University for two semesters but I got disqualified from fall 2013 semester (which starts on August 2013) and they terminate my SEVIS records. Than, I went back to my home country in June 2013 and it's been almost 5 months since I left the US. However, I believe that I have been out of student status for only 3 months (since August 2013). So, my question is can I re-enter the US with the same unexpired VISA but with a new I-20 + new activated SEVIS number? or do I have to apply for a new F-1 Visa? or do I have to do reinstatement for my current VISA?

Thanks,

[jaycali 415]

Hello,

I used to be a student at Arizona State University for two semesters but I got disqualified from fall 2013 semester (which starts on August 2013) and they terminate my SEVIS records. Than, I went back to my home country in June 2013 and it's been almost 5 months since I left the US. However, I believe that I have been out of student status for only 3 months (since August 2013). So, my question is can I re-enter the US with the same unexpired VISA but with a new I-20 + new activated SEVIS number? or do I have to apply for a new F-1 Visa? or do I have to do reinstatement for my current VISA?

Thanks,

You should be fine, as long as you have a new I-20. Your visa is just for entry, your status is determined by your I-20, and you status is what was terminated by the 5 month absence.

[Al3aZeF 0]

You should be fine, as long as you have a new I-20. Your visa is just for entry, your status is determined by your I-20, and you status is what was terminated by the 5 month absence.

Ohhhh my god, for real bro? I'm so glad to hear that. Yet, I wish you told me that 1 week ago because now my passport is in my country's US Embassy I applied for a new F-1 Visa and the interviewer said with such very bad grades it is difficult to get a new Visa. So, I'm going to wait and if I got denied or they didn't respond I will take my passport from them (I'm not sure if I can take it back just like that) and leave to the US wishing that god will help me passing the immigrant staff.

[jaycali 415]

Ohhhh my god, for real bro? I'm so glad to hear that. Yet, I wish you told me that 1 week ago because now my passport is in my country's US Embassy I applied for a new F-1 Visa and the interviewer said with such very bad grades it is difficult to get a new Visa. So, I'm going to wait and if I got denied or they didn't respond I will take my passport from them (I'm not sure if I can take it back just like that) and leave to the US wishing that god will help me passing the immigrant staff.

You won't be able to do that because they'll likely cancel the current visa before handing back your passport.

As I said, the visa is an entry document only, and is worthless without an endorsed I-20. As long as the visa is valid, you can enter as a student given that you have a valid, current and endorsed I-20. At this point, I would discuss your options with your school's international student adviser.

[Al3aZeF 0]

You won't be able to do that because they'll likely cancel the current visa before handing back your passport.

As I said, the visa is an entry document only, and is worthless without an endorsed I-20. As long as the visa is valid, you can enter as a student given that you have a valid, current and endorsed I-20. At this point, I would discuss your options with your school's international student adviser.

How can you know that they will cancel my current visa? I just contacted my school's international advisor. What should I do next?

[franki 0]

How can you know that they will cancel my current visa? I just contacted my school's international advisor. What should I do next?

The embassy has full power to stamp your passport with a red or black colored stamp saying CANCELED at any time they want. why would you apply for another visa if you had a valid F1 visa? Anyway its too late, explain your exact experience from the day you went for interview. what document they gave you when you left the embassy?

I would say wait until few weeks at least 4 to 6 weeks and if you don't hear anything just nicely send an email with a request of you have plans to travel and you need your passport. while waiting work with your school official get your I-120 validated and pay your SEVIS and as soon as you get your passport back fly.

[Al3aZeF 0]

The embassy has full power to stamp your passport with a red or black colored stamp saying CANCELED at any time they want. why would you apply for another visa if you had a valid F1 visa? Anyway its too late, explain your exact experience from the day you went for interview. what document they gave you when you left the embassy?

I would say wait until few weeks at least 4 to 6 weeks and if you don't hear anything just nicely send an email with a request of you have plans to travel and you need your passport. while waiting work with your school official get your I-120 validated and pay your SEVIS and as soon as you get your passport back fly.

The interview took more than usual. First he asked me if I went to the US before and I said yes I went to Arizona State University from August 2012 until June 2013. He asked what happened? I told him the long story and showed him the medical reports about my health condition. Than he asked what will you do differently this time? I told him bla bla bla I don't remember but I was convening and supported everything I say with documents. Until he asked me to see my transcript from Arizona State but I did not have them he said based in your grades we will determine weather or not you deserve a second chance. He said if they were kinda bad than you will get another VISA but if they were REALLY bad than it may be difficult to issue your visa. He said we want to make sure that you was actually going to class and not partying/drinking all day. He asked me about who will pay for everything and other questions I don't remember. Finally, he said that they will keep my passport with them and asked me to send a photo copy of my transcript to his e-mail (it's a yellow paper for missing documents and e-mail bellow). "Than, I said YOU I don't need your stupid visa you know where to shove it. jk"

Edited November 7, 2013 by Al3aZeF

[jaycali 415]

Ok so basically they 'might' issue the visa. It sounds to me like they probably will unless your grades are absolutely horrible. What was your GPA at ASU during the last semester? They won't really deny a visa based on bad grades per se, but they can and will deny a visa if they suspect you didn't attend class, or if they suspect studying wasn't your main reason for being there.

The fact that they kept your passport is a good sign. This will depend on your ASU transcript. I'd say if you're below a 1.0 they likely won't give you a visa, but if you're between 1.0 and 2.0 they probably will, although that is guesstimating on my part.

I had an F-1 back In the day and got a 0.6 GPA one semester and dropped out. I applied for a new F-1 visa a year and a half later. They asked why I had dropped out, and I said "I wasn't motivated for school, and it began showing in my grades, so I took a year and a half off, but now I'm motivated more than ever." They never asked about my grades after that, and issued the visa.

[jaycali 415]

How can you know that they will cancel my current visa? I just contacted my school's international advisor. What should I do next?

What did he/she say?

If they deny the visa you just applied for due to bad grades/suspected non-attendance they will cancel the visa that is currently In your passport as well. In fact, they will likely cancel that one just merely because you applied for a new one. If the new one is granted, the old one will have a stamp on it saying "cancelled without prejudice."

[Al3aZeF 0]

He simply said that we want to make sure that you were actually attending your classes and not drinking/partying. So, he said if my grades are kinda bad than you'll get a new visa but if they were really bad then it may be difficult. My GPA is 0.78 so I'm not sure if it's REALLY bad I only got 2 C's and 1 B the rest are F's. It's not because I'm stupid or something I just got injured and underprssure but to be honest with you guys I wasn't motivated for studying at all I didn't even open my book and rarely submit homeworks. In high school I got 3.92 GPA (all A's and A+'s because A+ is 4.0) and no it wasn't easy at all. Wish me luck guys.

Edited November 7, 2013 by Al3aZeF

[jaycali 415]

Good luck!

How long did you attend ASU? If the 0.78 is for one semester only, I think you'll be fine. If that's the cumulative GPA for your entire time at ASU, you're facing an uphill battle, but it's up to the embassy ultimately. The fact that you received a new I-20 is a very good thing.

Please let us know what happens.

[Al3aZeF 0]

Good luck!

How long did you attend ASU? If the 0.78 is for one semester only, I think you'll be fine. If that's the cumulative GPA for your entire time at ASU, you're facing an uphill battle, but it's up to the embassy ultimately. The fact that you received a new I-20 is a very good thing.

Please let us know what happens.

That's for 2 semesters bro. The first semester I had 1.25 and the second semester I had 0.40. I checked my Visa status online and it's now in administrative processing which takes weeks to process. BTW, the new I-20 is from a community college not a 4-years university. God help me!

Edited November 8, 2013 by Al3aZeF

[SBB 74]

A .78 would fall into the category of "really awful". Good luck.

Edited November 8, 2013 by SBB

[JayJayH 546]

That's for 2 semesters bro. The first semester I had 1.25 and the second semester I had 0.40. I checked my Visa status online and it's now in administrative processing which takes weeks to process. BTW, the new I-20 is from a community college not a 4-years university. God help me!

They generally start to raise their eyebrows at 2.0 and below.

This will be a matter of whether they feel that you were in the US primarily to "be in the US" or if you were actually taking school seriously, but struggled hard with your classes, despite your efforts. If you had a medical reason, that is certainly something they will take into consideration, but as with all immigration matters, this should be documented.

[besaangel 18]

They generally start to raise their eyebrows at 2.0 and below.

This will be a matter of whether they feel that you were in the US primarily to "be in the US" or if you were actually taking school seriously, but struggled hard with your classes, despite your efforts. If you had a medical reason, that is certainly something they will take into consideration, but as with all immigration matters, this should be documented.

I think this might be your saving grace. Just make sure that you have documentation to prove this injury. As previously mentioned, your GPA is not the greatest but you did the right thing in returning home and starting fresh. kudos to you!

A community college is a great place to restart. Tuition is more affordable, smaller classrooms and a calmer atmosphere (IMHO). Its gonna be tough to convince the embassy to give you another chance but I think you will be fine; just buckle down and try your best to not repeat this mistake.