Falling out of status with F1 visa

[kweyol 0]

Good day I wish to ask advice of those who may have been in this situation. I may be a bit long because I want to put the case in perspective. 3 years ago my son got an F1 visa to study in the US. Since he was a very good student in my country we took a 3year student's loan expecting him to be able to complete in that time (my daughter did before him). However he was unable to complete and we tried to extend his loan., This took some time and he had to miss a semester of school. He had a campus job which he had to give up since he wasn't enrolled in school. He remained in the US and took a job for 3 months. At the end of the semester he returned home and went to get a new visa in order to register for the new semester since he had fallen out of status (as advised by his international adviser). He had all the documents needed to show that he had the funds, plus the school had registered him and he had his I-20, Sevis pd etc. However his visa was denied when he went to the Embassy and they gave him a 214 paper and told him he can re-apply. his original student visa which was valid until 2015 was cancelled without prejudice.. He reapplied last week (4 mths later) and again it was denied with the same paper and same message that he can reapply. They told him this time it's because he had worked. Now we don't know what to do. He only has one more year left, he has all his clothes and belongings in the US, we are paying for his lease which expires next july. Does this mean that he will never be able to go the US again? Is there a time frame when he can re-apply? He said he wasn't able to get that info from the CO she only told him the paper will explain everything. If anyone has had such a case or is in a position to say what is to occur please help. His new semester starts on January 17th and I'd really like him to complete his studies. Thanks

[canadian_wife 1,822]

I can see why he was denied. He worked in the US - which is outside the allowment of the F-1 visa. This could demonstrate a few things to the CO. That he didn't have the funds to finish school. That he may be a public charge. That he disregarded the terms of his visa.

You say he didn't complete in the 3 years, why is that? Was he a bad student? Did he not complete 'full time student' status?

good luck

[kzielu 1,149]

Does this mean that he will never be able to go the US again?

That means his chances of ever getting non-immigrant visa (including student one) are very very slim. Being him would look to have his stuff shipped back.

[NancyNguyen 1,657]

1. Drop out due to financial reasons.

2. Work without permission.

I am sorry but you shouldn't apply any non-immigrant visas for him in anytime soon, it will just waste your money.

[kweyol 0]

He did complete full student status. He was always in good status. However because of his major he was told that he had to do a minor in math and that prolonged his degree. I am willing to try once more before we give up. I agree that trying for a non-immigrant view is not a wise idea at this.time. In the meantime we are looking for other school options for him to complete his degree. Thanks for the feedback given