renew F1 visa after falling out of status

[lily23 0]

Hey everyone ! i attended college in CA.On fall semester,i fell down the stairs.My left-wrist was sprained so i had to wear bandage. Two weeks later, i started getting a lot of pain on my upper left shoulder. I went to the doctor and he prescribed me painkiller. It made me sleepy and tired all time. I started missing classes.I couldn't concentrate. On Nov 2013, i got out of status. I was sad becoz I m a good student.I ended up having a nervous breakdown. I ended up at the hospital for a week. When I got out. I spent 9 months staying at my house feeling sick and in pain .I stopped taking my painkiller because it didn't cure my pain.I had to go back to my country because I felt that there something wrong with my body since I fell down the stairs. I met with my doctor .He told me both my wrist and forearm were broken. I was surprised that my wrist and my forearm were broken for 9 months and thats why my body was weak. My doctor told me that I have to do a surgery ASAP and physical therapy for a year. On 2012, i got arrested near my home for disorderly conduct ( alcohol) i wasn't so drunk , i was wearing high hells and short dress. i was walking with my best friend and I bended down to take off my shoes coz they were hurting my feet The cops arrested me and they told me I was showing my butt. After couple weeks I got a mail saying that I wont need to go to court. Am I able to get a new F1 visa ? Or do I need to hire a lawyer ?

​i appreciate your advices

Thank you

[Boiler 45,516]

My guess is no and not sure what you expect a Lawyer to do.

You can always apply and find out.

[HFM181818 750]

Clearly not a serious student, stories not withstanding. Nine months sitting around? Never seeing a doctor? Never considering going home for a bit to get medical care, be with family? But(t) having enough energy and strength to go drinking and dancing? What is wrong with this picture?

The only two things a lawyer will do is (a) try to draft a more believable story (but understand that COs really don't believe a word that most attorneys write or say) and (b) relieve you of a considerable sum of money for doing the above.

[arken 4,197]

Since you accrued more than 6 months of unlawful presence in US, getting a new F1 visa will be really really difficult regardless of whether you hire a lawyer or not.

[Darnell 8,478]

You can try. Unsure if your overstay can affect you after 5 years now.

[Elf 146]

Since you accrued more than 6 months of unlawful presence in US, getting a new F1 visa will be really really difficult regardless of whether you hire a lawyer or not.

Unless she was specifically found to be in violation of status by USCIS or an immigration court she probably didn't accrue unlawful presence, despite falling out of status. While it's true that she's likely to experience more difficulty in being approved for any future nonimmigrant visa, because COs will rightly be suspicious of her intentions, it's unlikely that she's subject to either the three-year or ten-year bars, and she's not inadmissible.

There is a distinction between "unlawful status" and "unlawful presence", and F-1 overstayers are one of the most common examples of how one can occur without the other. See pages 10-11 of this USCIS memo from 2009 for a detailed discussion of the difference between them, examples of how one can occur without the other and the impact on future immigration applications. She would not have begun to accrue unlawful presence unless and until she was found to be in unlawful status by USCIS or an immigration judge.

Most F-1 students are admitted for D/S, i.e. "duration of status". 9 FAM 302.9-10(B)(6) indicates that a nonimmigrant who is admitted for D/S and violates status but is not found in violation by either USCIS or an immigration judge is not subject to INA 222g

INA 221(g) reads:

g. Nonimmigrant visa void at conclusion of authorized period of stay

1. In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

2. An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except —

A. on the basis of a visa (other than the visa described in paragraph (1) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

B. where extraordinary circumstances are found by the Secretary of State to exist.

So, her overstay doesn't make her inadmissible for future nonimmigrant visas. It just means she's going to have to work much, much harder to prove to a CO that she's going to abide by the terms of any visa they might grant her.

To the OP: Can you get another F-1 visa? In theory, it's not impossible. Will you get another F-1 visa? In reality, almost certainly not.

Oh, and woman to woman? Don't bend over while wearing a very short skirt. Intentionally or not, you probably did show your butt.

[HFM181818 750]

she will likely be viewed, as I mentioned earlier, as a non-serious student...which would jeopardize any chance of getting another F1...promises to study hard, etc, will have no impact.

[NancyNguyen 1,657]

It is not gonna happen though. Your best bet now is to find a husband, pretty much you will.

[HFM181818 750]

how does one go about 'finding a husband?' thru Craigslist? Ebay? Aren't marriages supposed to be for love instead of a green card?

[Elf 146]

how does one go about 'finding a husband?' thru Craigslist? Ebay? Aren't marriages supposed to be for love instead of a green card?

I'm told that they can usually be found in close proximity to any one of: the TV, the XBox, the computer, the grill or the car.

But I believe that only applies if you are already married to them

[HFM181818 750]

reminds me of a song from the distant past (as this alleged student begins her search for the 'husband of her dreams'....."...trailer for sale or rent, rooms to let, fifty cents, no phone, no pool no pets, I ain't got no cigarettes....ah but, two hours of pushin' broom buys an 8 x 12 four bit room....".....this is where she is likely to find the man of her green card, er, dreams......'king of the road...'

[canadian_wife 1,822]

Comparing your story to one of my own. In 2008 I was attending school on an F-1 visa. I broke my hand in 2 places and required surgery. I organized my winter exam schedule around my surgery date because I didn't want took miss school, thus I took many exams early. Wanting to travel home for the holidays, I went to my DSO who looked at my broken hand, looked at my post exam GPA and said that he's seen a lot of students get 'hurt' in the US and use this as an excuse for falling out of status and then beg to be reinstated.

Now, I am not calling what you went through fraud nor do I think you faked the injury. I am saying that clearly this has happened in the past and I'm sure some COs or school DSO will be looking into your case with a little more scrutiny since many have done this in the past. If you pursue a reinstatement or apply for a new F-1 to a new school I reckon it will be a bit harder this time.

Good luck