Jump to content
BraveHeart0707

Status during F1 Reinstatement

 Share

6 posts in this topic

Recommended Posts

Country: Canada
Timeline

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!

Link to comment
Share on other sites

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when you don't go to school or lose academic standing at your university are you in violation of your I-20 and it's rescinded and reported to immigration.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.

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Turkey
Timeline

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.

 

K-1, AOS, ROC, Citizenship timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                    04/20/2017 - Mailed AOS package                                              09/16/2019 - Mailed ROC package to wrong center

07/19/2016 - NOA1 (California Service Center)         04/23/2017 - AOS package delivered                                          09/19/2019 - Printed everything again and mailed it correctly

09/02/2016 - NOA2 (45 days)                                 04/29/2017 - AOS text and email notifications                             09/23/2019 - ROC Case Was Received

09/15/2016 - NVC case number assigned                 05/04/2017 - NOA1 received for AOS, EAD, AP                            12/02/2019 - Biometrics Appointment (Got notice late, missed appt)

09/29/2016 - Case is "Ready" at embassy                05/22/2017 - Biometrics taken                                                   12/09/2019 - Biometrics taken, walk-in

10/06/2016 - Got an interview date!                        06/14/2017 - Case is Ready to Be Scheduled for Interview            12/10/2019 - Fingerprint Review Was Completed

11/06/2016 - Scheduled the medical!                       08/03/2017 - Interview is Scheduled                                           04/22/2020 - Case Was Received At My Local Office

12/06/2016 - Medical done!                                    09/06/2017 - Interview time!                                                     05/22/2020 - New Card Is Being Produced

12/12/2016 - Interview done! Visa approved!            09/06/2017 - RFE for (lost) medical                                            05/26/2020 - Case Was Approved

12/16/2016 - Visa issued                                         09/19/2017 - New medical submitted (in person)                         05/30/2020 - Card Was Delivered To Me By The Post Office

12/19/2016 - Passport with visa, envelope in hand     09/26/2017 - New Card is Being Produced (online update)                                       (First class mail, tracking provided)                     

01/11/2017 - POE!!!                                               09/29/2017 - Received I-797 Approval Notice                                                  06/28/2020 - N-400 application window opens!

04/06/2017 - Married                                                                              Card Was Mailed to Me                                                 07/13/2020 - N-400 application submitted!

                                                                            10/04/2017 - Green card in hand!                                                                  11/23/2020 - Called for a service request

                                                                                                                                                       12/04/2020 - Biometrics scheduled online notice

                                                                                                                                                       12/31/2020 - Biometrics appointment

                                                                                                                                        06/24/2021 - Interview Notice (interview on 7/27/2021)

 

 

Link to comment
Share on other sites

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?

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Link to comment
Share on other sites

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.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...