Case denial- please help!

[SusieQQQ 11,587]

1 hour ago, Coco8 said:

And I haven't heard of anyone having to be quarantined for 2.5 YEARS for TB. Usually the period of quarantine is like 2 weeks or a couple of months at most. Not 2.5 YEARS

I was pondering this too, I come from a country with a bad TB problem (high prevalence, MDR TB etc). I think even for severe cases the isolation /quarantine is usually a few months, obviously it’s being treated during the period too.

Regardless - the story doesn’t stack up (not least being able to graduate yet not being able to file a form), and it seems the friend is out of luck and out of time on this one. Needs to move on to plan B.

 

 

Edited September 27, 2021 by SusieQQQ

[nachnam 9]

2 hours ago, Jorgedig said:

There is NO WAY that person was in the hospital for 2.5 years.

 Something is very off about this entire story.

 

 

2 hours ago, Coco8 said:

This is just bizarre 

 

 

It seems like studying is a path to work visa. This is VERY wrong. 

 

Also, if she actually did have a job offer, they could have done a H1B visa for her and they could potentially do one for her in the future (not now, because the quota was filled for 2021). 

 

Also, it is relatively easy to postpone graduation if someone is sick. You just get a leave for health reasons. And I haven't heard of anyone having to be quarantined for 2.5 YEARS for TB. Usually the period of quarantine is like 2 weeks or a couple of months at most. Not 2.5 YEARS. She could have requested that some classes were Incomplete (per health reasons) and postpone her graduation. Again, I see no possibility of exception because this was just poor planning from her part.

 

Also, it is mandatory to get tested for TB if you are a foreign student, so I don't understand how they got TB.

 

I recommend that she leave, because if she get she get a ban for overstaying, she is going to be in real trouble.

 

 

I cannot believe you people are bashing her instead of offering guidance and support . I myself am a MDR TB survivor who went through treatment for A LONG 19 months! that's how I got to know the friend I was inquiring for. It is very hurtful to read all this. I turned to visa journey because it helped me through my immigration journey. You guys clearly don't know anything about TB and I would not wish it upon anyone. There are many forms of TB and the type of TB she has is XDR TB and very difficult to treat hence why she was in hospital for 2.5 years. She also lost a lung due to TB.  For those of you who are saying she should be on here talking for herself, after reading all these hurtful comments I would not want her to see this.

 

She graduated late from college but was able to as the school understood her circumstances and allowed her to work at her own pace while in hospital . She was not able to file for the work visa because she did not know when she was going to be released from the hospital because her health was still in poor shape in December from what I can recall. 

 

If anyone is wiling to help, it would be appreciated if we can stick to the original subject and not people's opinions on TB, hospitalizations etc... 

 

 

[Coco8 1,042]

6 minutes ago, nachnam said:

She was not able to file for the work visa because she did not know when she was going to be released from the hospital because her health was still in poor shape in December from what I can recall. 

 

Then she was not informed properly that she had a specific time to apply or she misunderstood. Even if she didn't know when she was to be released, she could have (1) delayed graduation (2) apply at the latest possible date.

 

Unfortunately, there is nothing she can do right now. She can try calling lawyers but I doubt it will come to anything and they will make her pay a ton of money. 

 

USCIS is a bureaucracy so they just follow whatever rule they have in writing without really caring about what happened, when, or why. People have been denied for the most ridiculous reasons and had to pay thousands of dollars more to refile paperwork.

Edited September 27, 2021 by Coco8

[SusieQQQ 11,587]

28 minutes ago, nachnam said:

She was not able to file for the work visa because she did not know when she was going to be released from the hospital because her health was still in poor shape in December from what I can recall. 

Unfortunately, there is no leeway in the OPT guidelines for this. She will need to return home and try for a different type of work visa, assuming she has not collected overstay in the meanwhile that will prevent a visa being issued.

[aaron2020 11,651]

1 hour ago, nachnam said:

 

I cannot believe you people are bashing her instead of offering guidance and support . I myself am a MDR TB survivor who went through treatment for A LONG 19 months! that's how I got to know the friend I was inquiring for. It is very hurtful to read all this. I turned to visa journey because it helped me through my immigration journey. You guys clearly don't know anything about TB and I would not wish it upon anyone. There are many forms of TB and the type of TB she has is XDR TB and very difficult to treat hence why she was in hospital for 2.5 years. She also lost a lung due to TB.  For those of you who are saying she should be on here talking for herself, after reading all these hurtful comments I would not want her to see this.

 

She graduated late from college but was able to as the school understood her circumstances and allowed her to work at her own pace while in hospital . She was not able to file for the work visa because she did not know when she was going to be released from the hospital because her health was still in poor shape in December from what I can recall. 

 

If anyone is wiling to help, it would be appreciated if we can stick to the original subject and not people's opinions on TB, hospitalizations etc... 

 

 

You're focusing on the TB bashing.  Guidance and support has also been given.  There is no path for her to stay.  She had 5 months to file for OPT and she failed to do that.  An OPT who is without work for 90 days is ineligible to continue.  Your friend is well over 90 days post graduation without working, so she will not qualify for OPT.

 

People are willing to help by sticking to the original subject - no path forward for your friend.   Sorry if the truth is not the guidance and support you were hoping for.  

[WaterLeaf 201]

In many cases, classes can be done online through a laptop...

[Allaboutwaiting 2,503]

3 hours ago, nachnam said:

She graduated late from college but was able to as the school understood her circumstances and allowed her to work at her own pace while in hospital . She was not able to file for the work visa because she did not know when she was going to be released from the hospital because her health was still in poor shape in December from what I can recall.

There are a number of issues against her: two OPT denials, very poor chances of a successful appeal and accrual of unlawful presence, which as mentioned by other members, will affect her chances of getting a working visa in case she finds a sponsor.

 

If she graduated in December, she already has a 9 month overstay, which would mean a 3 year ban.

Edited September 28, 2021 by Allaboutwaiting

[SalishSea 17,987]

32 minutes ago, Allaboutwaiting said:

There are a number of issues against her: two OPT denials, very poor chances of a successful appeal and accrual of unlawful presence, which as mentioned by other members, will affect her chances of getting a working visa in case she finds a sponsor.

 

If she graduated in December, she already has a 9 month overstay, which would mean a 3 year ban.

Also begs the question - how does one pay for a 2.5 year hospitalization?

 

Did she use public funds for this?

 

I know you're trying to help your friend, but this story just doesn't check out.  I have been an RN for 21 years, and I have never heard of anyone being an inpatient in the hospital, in the United States, for that length of time.  We treat TB in homeless people who continue to live on the streets, as outpatients.

[Wuozopo 4,293]

FYI

The hospital website says they keep patents 6 months to two years.  A state hospital under Texas health and human services for extreme cases that do not respond to traditional meds.

[nachnam 9]

On 9/27/2021 at 12:39 AM, Okboy said:

I think you may need a lawyer for this. Good luck.

She has reached out to a lawyer who has experience in dealing with complicated work visa situations. She was told once uscis makes a decision there is usually nothing that can be done. Appreciate your help

[nachnam 9]

On 9/27/2021 at 1:01 AM, Allaboutwaiting said:

She might be able to file a motion to reopen or reconsider -form I-290B-, but an immigration lawyer is needed.

 

Not sure how likely it is for the motion to be successful as they could argue that if she graduated while at the hospital, she could have filed on time.

She tried this and the motion was unfortunately denied. Appreciate your help  

[nachnam 9]

On 9/27/2021 at 9:16 AM, African Zealot said:

In my estimation your chances are slim and none and slim is unmotivated. You’re not a citizen or permanent resident or applying for such or an immigrant petition. You will be very low on the totem pole of any senator or congressman.
 

Prepare to return to your home country to practice with the degree you have earned. Good luck!

Everything tried till now has been fruitless. She is considering enrolling in a program and going down the student visa route. She does not want to go back home and start all over again which is understandable. 

[nachnam 9]

On 9/27/2021 at 9:50 AM, arken said:

I feel sorry for her but i don't think there is any path for any nonimmigrant status now in the US. 
 

If they didn't approve her OPT application because she didn't file by Dec, that means Dec was the end of her 60 day grace period after graduation(after i-20 program finish date). That would mean she has remained out of status since Jan. Her OPT applications didn't give her authorized stay while pending since she applied for them after being out of status. Any non immigrant applications or petitions with uscis will be fruitless.

 

Any medical conditions affecting F1 status are generally handled by ISO of the school. If classes can't be taken due to hospitalization, ISO will update SEVIS accordingly and uscis will provide a medical break for up to given months so F1 status isn't violated.

 

Here it seems all was done smoothly even while hospitalized till graduation. For uscis, the F1 student graduated, didn't apply for OPT on time (up to 90 days before graduation and up to 60 days after graduation). It should have been well communicated with ISO on time regarding her intent to do OPT, they would have guided her to apply for it on time. Now it's all over.

 

 

Thank you so much for articulating this so well. This is exactly what happened and my friend was able to confirm this. Everything was smooth up until towards the end of last year.  Seems like there is very little can be done at this point. She is looking into enrolling onto another degree program and starting over.

[nachnam 9]

On 9/27/2021 at 11:16 AM, SusieQQQ said:

She also needs to clarify if she is overstay and by how much. This will possibly affect whether she is in fact able to get another non immigrant visa, whether a work visa or her crazy plan to do another degree all over again. 

Her visa is current and she has up until end of October before she either goes back home or enrolls on to another degree program. 

[nachnam 9]

On 9/27/2021 at 8:35 PM, WaterLeaf said:

In many cases, classes can be done online through a laptop...

This is something she is considering