F-1 Terminated and overstaying 7 days

[LadyB1924 0]

My f-1 visa was terminated today and I'm leaving the country on the 5th of June which is in 7 days. I already bought my flight ticket back to Sweden ( my country) in January when I received my visa. What I had been told by my school was that I could stay in the US 60 days after school was done so I wasn't prepared for my visa to be terminated.

What I wanna know now is what I should expect. Will I bee questioned and stopped at the airport or will they let me leave as I planned. And how hard will it be to get a tourist visa in the future.

[Hypnos 6,578]

There are no exit controls from the US, so you won't be stopped or questioned by anyone.

Provided you depart on or before the prescribed period (and it looks like you are going to) then you should remain eligible to use the VWP in the future.

[LadyB1924 0]

There are no exit controls from the US, so you won't be stopped or questioned by anyone.

Provided you depart on or before the prescribed period (and it looks like you are going to) then you should remain eligible to use the VWP in the future.

How will that be done? Isn't there a huge chance that the American Embassy in Sweden refuses to interview me in the future? And could you please explain VWP? I'm new to this site so I'm not familiar with the terms =)

[Hypnos 6,578]

The VWP is the Visa Waiver Program, whereby citizens of certain countries (including Sweden) do not require a visa to visit the US for business or pleasure, providing they are eligible for it. If you wished to visit the US on the VWP in the future, you would simply complete an ESTA application: https://esta.cbp.dhs.gov/esta/ and wouldn't need a visa unless you were not eligible for the VWP or wished to stay for longer than 90 days.

[Boiler 45,898]

Just wondering if having status terminated complicates matters, the 60 days is normal for normal F1's.

[LadyB1924 0]

The VWP is the Visa Waiver Program, whereby citizens of certain countries (including Sweden) do not require a visa to visit the US for business or pleasure, providing they are eligible for it. If you wished to visit the US on the VWP in the future, you would simply complete an ESTA application: https://esta.cbp.dhs.gov/esta/ and wouldn't need a visa unless you were not eligible for the VWP or wished to stay for longer than 90 days.

Oh I wasn't aware of that thank you for clearing that! So overstaying for a week wont be a problem in the future.

[Hypnos 6,578]

Just wondering if having status terminated complicates matters, the 60 days is normal for normal F1's.

I don't think it does. You must not have overstayed the VWP previously to use it, but this is an F-1, not the VWP. Provided the OP doesn't accumulate at least 180 days overstay then she will presumably be eligible to use the VWP in the future.

Asking an immigration attorney is probably a good idea, though.

[Boiler 45,898]

Ooops posted to wrong thread.

This subject came up some time ago an another board where somebody had overstayed a B for a few days and wanted to use the VWP.

Went back and forth, the end view was that it was a risk and nobody wanted to argue the technicalities with the VWP. It is not clear cut.

Edited May 29, 2014 by Boiler

[Janelle2002 3,865]

It very well could pose a problem depending on why it was terminated. They can stop you at the POE and ask questions and deny you entrance if they choose. Big business getting an F-1 terminated. Not an easy thing.

Is your program finished or are you getting kicked out?

F, J and M visa holders who drop out of their programs may have 60, 30 and 30 days respectively to leave the U.S. (Note: An F-1 student who fails to maintain a full course of study without the approval of the Designated School Official (DSO) or otherwise fails to maintain status is not eligible for an additional period for departure and must leave immediately.) So, did your DSO tell you that you have 60 days or are you assuming you have 60 days because under normal circumstances you would?

[LadyB1924 0]

It very well could pose a problem depending on why it was terminated. They can stop you at the POE and ask questions and deny you entrance if they choose. Big business getting an F-1 terminated. Not an easy thing.

Is your program finished or are you getting kicked out?

F, J and M visa holders who drop out of their programs may have 60, 30 and 30 days respectively to leave the U.S. (Note: An F-1 student who fails to maintain a full course of study without the approval of the Designated School Official (DSO) or otherwise fails to maintain status is not eligible for an additional period for departure and must leave immediately.) So, did your DSO tell you that you have 60 days or are you assuming you have 60 days because under normal circumstances you would?

The program finished and they told me I have 7 days to leave the country which have already passed. I contacted my embassy and they couldn't help me and the school could not extend it with 6 days.

[Janelle2002 3,865]

The program finished and they told me I have 7 days to leave the country which have already passed. I contacted my embassy and they couldn't help me and the school could not extend it with 6 days.

You should be fine. Good luck and safe travels back.

[LadyB1924 0]

You should be fine. Good luck and safe travels back.

Thank you!

[dejaavu 0]

^{F1 has 60 days after the program is done. So you are leaving within 60 days no issues.}

[emelielindgren 3]

I also thought the F1 visa is the one and only grey area in the immigration system? Your visa can expire while you're here, if you're still in school, no problem and even after your out of school, you're technically not overstaying, you're out of status, which in it self doesn't create any bans or anything like that, when you leave, you leave. I stayed 2,5 years after I graduated.. Have been back and forth several times on VWP since then, and never had problems. Came through VWP in January and am adjusting status right now, as me, my husband and kids decided to stay due to family situation. I'm also from Sweden.

[dejaavu 0]

It is because of the loophole 'duration of status' say a visa may have a different expiry date than the I 20 for F1. Maybe the I 20 form name changed but when I was an F1 student it was I 20. So when a non immigrant on F1 visa enters the US, whatever the I 20 expiry date is the valid expiry date not the visa expiry date. So sometimes the CBP does not record it properly. But if they find out there may be ramifications.