Status during F1 Reinstatement

[BraveHeart0707 0]

Hi guys, I know that a F1 student can apply for F1 reinstatement within 5 months of I20 termination. I have a question regarding the status during that 5 month:

1) If the student does not apply for Reinstatement within 5 months, and left the US within the 5 months, is that considered illegal overstaying?

2) If the student finds a school and applies for Reinstatement but get denied by USCIS, and then immediately left the US, is that considered illegal overstaying?


Thank you very much for your feedback!

[Taaz 6]

Your f-1 can last several years but it's when you don't go to school or lose academic standing at your university are you in violation of your I-20 and it's rescinded and reported to immigration. At this time point to have 30 calendar days to finish any personal business and leave the country at the latest. This can affect your ability to get another visa to return to the US to continue your studies. Most times unless you have a valid reason and proof of why you didn't complete your studies CO's rarely allow that chance again.

[cyanmavi 101]

There is no official 30-day period for taking care of personal business or such. You start accruing out-of-status time, ie. start illegally overstaying the moment your I-20 is cancelled. It doesn't matter if you still have time left on your F-1 visa stamp. No I-20, no legal status.

If your overstay is less than 6 months, you do not get a ban, but you have to answer yes to any subsequent visa applications asking whether you have overstayed and provide an explanation of the circumstances.

[BraveHeart0707 0]

guys, what about the 5 month period for reinstatement?

[KierenHby 899]

Can you provide a source for the 5-month claim..

You entered on a B1B2 visa; to claim reinstatement, were you ever a student to begin with?

[randomstairs 303]

1) Yes, but it's a bit of a gray area. It depends on how you violated your status. I would assume unlawful presence to start counting from the day the I-20 was revoked. (That's the worst case scenario and you should always assume that.)

2) As far as I know, to reinstate your status you should attempt to continue your studies at the institution that issued your last I-20. It is in discretion of USCIS to grant the reinstatement. You also need to explain why you violated your I-20 to begin with. But, yes, there is a 5 months period during which your chances of getting approved are higher. (You can go beyond 5 moths with compelling enough circumstances.) So it seems to be a special privilege to do so, not a routine procedure.