Using previous F1 visa that hasn't yet expired

[carmel34 3,616]

48 minutes ago, retro_jet said:

I also have a query about what counts as the end date of the program?

I realize the graduation/commencement ceremony happened on May 4, 2019 (so I left the US 63 days after that date).

However, in my previous I-20, it was mentioned that my program end date is 20 August 2019.

So I assume I should be considering the latter? If that is the case, I left the US before the program end date, and so it means I did not "violate" the F1.

 

Again, if it is the former (the commencement date), then I did apply for a new I-20 for OPT, but decided to leave anyway without staying a whole one year permissible time. So that would still mean I did not violate the visa, right?

As I said in my first reply to your post, your F-1 is still valid if you left the US within 60 days of the program end date on your original I-20 for your master's program, 20 August 2019.  Since you left the US before that date, you have not violated the terms of your F-1 visa so it is still valid.  I would suggest that you take evidence of your July 2019 exit date when you re-enter the US in case they ask you about it.  Also the original I-20 from 2017.  It will ultimately be up to the CBP officer at POE to decide whether or not to let you in, but if you have the F-1, new I-20, and SEVIS record for your new PhD program, and they don't have any concerns upon questioning you at POE, you have a pretty good chance of entering with no problems.  Take any documents to show that you have sufficient financial means to pay for a four-year PhD program in the US including housing and living expenses, and that you intend to return to your home country after completing your PhD because the CBP officer may ask you about that.  Since you can't get a new F-1 visa right now anyway, that's not an option, so try using the one you have, which is good for two more years as long as you're following all policies and procedures which it appears that you are with a new I-20 and SEVIS record.  Good luck!

Edited July 1, 2020 by carmel34

[retro_jet 1]

14 minutes ago, carmel34 said:

As I said in my first reply to your post, your F-1 is still valid if you left the US within 60 days of the program end date on your original I-20 for your master's program, 20 August 2019.  Since you left the US before that date, you have not violated the terms of your F-1 visa so it is still valid.  I would suggest that you take evidence of your July 2019 exit date when you re-enter the US in case they ask you about it.  Also the original I-20 from 2017.  It will ultimately be up to the CBP officer at POE to decide whether or not to let you in, but if you have the F-1, new I-20, and SEVIS record for your new PhD program, and they don't have any concerns upon questioning you at POE, you have a pretty good chance of entering with no problems.  Take any documents to show that you have sufficient financial means to pay for a four-year PhD program in the US including housing and living expenses, and that you intend to return to your home country after completing your PhD because the CBP officer may ask you about that.  Since you can't get a new F-1 visa right now anyway, that's not an option, so try using the one you have, which is good for two more years as long as you're following all policies and procedures which it appears that you are with a new I-20 and SEVIS record.  Good luck!

Thanks so much! I missed the part in your last post specifying the program end date as the one mentioned on I-20. Good to know that!

 

What would count as a proof that I left the US on that date? Will my plane ticket, or the immigration stamp on my home country while arriving in July 2019 count, since the US doesn't provide an exit stamp on passport?

 

Edited July 1, 2020 by retro_jet

[carmel34 3,616]

5 hours ago, retro_jet said:

Thanks so much! I missed the part in your last post specifying the program end date as the one mentioned on I-20. Good to know that!

 

What would count as a proof that I left the US on that date? Will my plane ticket, or the immigration stamp on my home country while arriving in July 2019 count, since the US doesn't provide an exit stamp on passport?

 

Take any evidence or documents you can find, such as your plane ticket or boarding pass (if you saved it) from your departing trip, and yes, the immigration stamp when you arrived in your home country a year ago will be good evidence.  Also financial support evidence to show how you'll pay for your four plus year PhD program in the US, and documents showing strong ties to your home country if they ask for it at POE.  Plus of course your old I-20, new I-20, F-1 in your passport.  You may breeze through or go to secondary for questioning, be ready for anything.  Hopefully you can travel to the US from where you are, with all the bans and restrictions and quarantines required it may be tricky but possible.  A PhD is a real adventure, I remember those days with fondness.  Good luck!

[VISBIS 18]

13 hours ago, SusieQQQ said:

The post you linked to refers to someone who worked illegally in the US on his F1 and was subsequently refused entry. That’s not relevant to OP?

this is the link I was wanting to post. Apologize for the confusion.

[SusieQQQ 11,586]

3 minutes ago, VISBIS said:

this is the link I was wanting to post. Apologize for the confusion.

Sorry if I’m being obtuse, but I’m still not seeing the relevance. This person did not graduate and had their prior SEVIS cancelled - and actually had renewed their visa. It seems the exact opposite of OP?

[VISBIS 18]

24 minutes ago, SusieQQQ said:

Sorry if I’m being obtuse, but I’m still not seeing the relevance. This person did not graduate and had their prior SEVIS cancelled - and actually had renewed their visa. It seems the exact opposite of OP?

A little bit of thought would help understand my point. My point is, this case was also sevis is related and he was denied entry even with a new visa because his Sevis was revoked. And because of that he got a 10 year ban and still waiting to finish his degree. 
 

I understand you’re very eager @retro_jet to start your masters, but just trying to give you a perspective on how wrong things could go, if you don’t have everything right.

 

https://talk.collegeconfidential.com/international-students/2001762-do-i-have-to-renew-my-f1-visa-when-i-go-to-grad-school.html
 

https://www.quora.com/Do-I-need-to-apply-for-F1-visa-again-if-I-want-to-pursue-PhD-after-my-Masters-What-do-people-generally-do-under-such-cases
 

https://internationalaffairs.uchicago.edu/page/transferring-sevis-record-new-school#Eligibility

Edited July 2, 2020 by VISBIS

[SusieQQQ 11,586]

4 minutes ago, VISBIS said:

A little bit of thought would help understand my point. My point is, this case was also sevis is related and he was denied entry even with a new visa because his Sevis was revoked. And because of that he got a 10 year ban and still waiting to finish his degree. 
 

Well - it was a she, the SEVIS was cancelled (not naturally ended), and she said “. I was given a 5yr ban because i didnt have $3k on me to pay for a return ticket. ”  Carmel34 has already advised OP to ensure s/he can show enough funds to comply with the visa requirements, so even if there is a denial of entry a ban for these reasons should not be an issue.

 

Anyway - from all I have seen before on these forums I would certainly  trust that  Carmel34 knows exactly what she’s talking about, and that OP has same advice from both colleges. I think s/he has enough info to decide without further cluttering, so I for one am done here. Wishing him/her all the best for an exciting period ahead.

[HRQX 4,145]

On 6/29/2020 at 9:14 AM, retro_jet said:

so that I could just fly as soon as international flights resume.

Where are you right now? Just checking because of the Schengen Area; UK and Ireland; Brazil; Iran; and mainland China proclamations.

[retro_jet 1]

14 hours ago, SusieQQQ said:

Well - it was a she, the SEVIS was cancelled (not naturally ended), and she said “. I was given a 5yr ban because i didnt have $3k on me to pay for a return ticket. ”  Carmel34 has already advised OP to ensure s/he can show enough funds to comply with the visa requirements, so even if there is a denial of entry a ban for these reasons should not be an issue.

 

Anyway - from all I have seen before on these forums I would certainly  trust that  Carmel34 knows exactly what she’s talking about, and that OP has same advice from both colleges. I think s/he has enough info to decide without further cluttering, so I for one am done here. Wishing him/her all the best for an exciting period ahead.

Thanks so much, Susie, for your thoughts on this, and for making this an interesting discussion.

21 hours ago, carmel34 said:

Take any evidence or documents you can find, such as your plane ticket or boarding pass (if you saved it) from your departing trip, and yes, the immigration stamp when you arrived in your home country a year ago will be good evidence.  Also financial support evidence to show how you'll pay for your four plus year PhD program in the US, and documents showing strong ties to your home country if they ask for it at POE.  Plus of course your old I-20, new I-20, F-1 in your passport.  You may breeze through or go to secondary for questioning, be ready for anything.  Hopefully you can travel to the US from where you are, with all the bans and restrictions and quarantines required it may be tricky but possible.  A PhD is a real adventure, I remember those days with fondness.  Good luck!

Thank you so much! Your posts really helped.

 

[retro_jet 1]

11 hours ago, HRQX said:

Where are you right now? Just checking because of the Schengen Area; UK and Ireland; Brazil; Iran; and mainland China proclamations.

I'm in Nepal. Is it included in any of those proclamations, you think?

 

[HRQX 4,145]

25 minutes ago, retro_jet said:

I'm in Nepal. Is it included in any of those proclamations, you think?

You're OK as long as you don't transit through any of the following:

• Iran
• mainland China
• UK or its territories in Europe
• Ireland
• Schengen Area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland)
• Brazil

[retro_jet 1]

I'm sorry to resurrect this old thread. So I have a little update and an additional query or two!

 

I decided to stay back in my home country and take the Fall semester remotely. The international flights have resumed but the embassy has still not resumed taking F1 visa appointments yet.

 

Given this scenario, I could take the Spring semester online again, but also, I am thinking to just fly to the US with my valid F1 visa.

 

NOW. From what I've read so far in this thread but also from my communication with other officials, I have a chance of being allowed in the US with my previous visa, but there is still a risk of being disallowed and deported.

 

So my question is: If I unfortunately get deported anyway, will it hamper my chances if I apply for an F1 visa from my home country in the future when the embassy resumes its normal services? And, also, secondary question: will I have to pay for my flight back home as well, if I get deported?

 

Thanks so much as always!

 

[SusieQQQ 11,586]

27 minutes ago, retro_jet said:

So my question is: If I unfortunately get deported anyway, will it hamper my chances if I apply for an F1 visa from my home country in the future when the embassy resumes its normal services? And, also, secondary question: will I have to pay for my flight back home as well, if I get deported?

Well - there is a big difference in immigration terms between being refused entry, and being deported. You would be refused entry. Sometimes they will issue a ban when they do this, though I think that would be unlikely in your case  (but the possibility exists). It would still invalidate your existing visa and yes would make getting a new one difficult. You might be able to explain the circumstances to a sympathetic CO, but you might not. So you need to decide the risk. 
 

https://travel.stackexchange.com/questions/23622/who-pays-for-the-return-air-ticket-when-a-country-refuses-entry-by-air looks like the airline is responsible but will try get the cost back from you. If you have a return ticket that would usually be used as the “payment”. 

[aaron2020 11,651]

If the worst case scenario plays out and you get deported, your chances for another F1 visa is zero.  

You will be responsible for paying for your return ticket.  

You really need to talk to your DSO before flying here.  If you are fully online for the Spring semester, then there is really no reason for you to be flying to the US.  Wait until Biden takes office and see if he changes Trump's orders.  Come back in the Summer or Fall.  

Edited November 16, 2020 by aaron2020

[SusieQQQ 11,586]

Didn’t they backtrack and say previously issued visas could still come even if all online? Anyway it’s not clear if classes are offered online only, or that is just an option. (At my daughter’s college a number of classes are offered in person, but all can be taken remotely if necessary. Apart from the isolation/motivation factor of studying at home, I know a number of internationals at her college are battling because most online classes are synchronous so time differences are a big issue. So if OP has a similar situation and has the option to come I can understand that.)  If OP does decide to come, s/he should remember the advice from Carmel in the earlier post about what type of evidence to bring.