F1, D/S, am I in status violation?

[twixbars 0]

I came to the U.S. a few months ago and my SEVIS was terminated some time after I arrivde. The expiration date on my I-94 is D/S. I decided to enroll at another university in the fall, and the DSO told me I need a new SEVIS and I-20 to enter the country as initial entry. I never did unauthorized work and was never contacted by anyone.

Can I still use my old visa stamp that expires in four years to reenter the US with the new SEVIS and I-20? I've been reading a lot of documents but I feel confused. Do I need to apply for a new visa?

If I apply for a new visa, under the question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? " should I fill out yes or no? I read somewhere that until you are judged by an IJ to be unlawfully present, you are not in a violation of status / overstay / unlawfully present. Which one(s) of these are true?

[newacct 688]

Yes, you are in violation of status, so you would answer Yes to that question. You are not accruing "unlawful presence". As for whether you can use the old visa for the new school in this case, I am not sure about that.

[umikoikaze 12]

I think you should be able to use the old visa with the new sevis and I-20, but I'm not 100% sure.

[Ontarkie 14,222]

~~Duplicate post removed from a zombie thread. The member you were asking in that thread has not been on in 6 years.~~