Case denial- please help!

[Allaboutwaiting 2,503]

8 minutes ago, nachnam said:

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. 

If her visa is current, she can find an employer to sponsor her, go back home and wait for the work visa to be issued.

[nachnam 9]

On 9/27/2021 at 10:31 PM, Jorgedig said:

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.

I am not a nurse however through my own TB journey and TB education I learnt this..... In a normal scenario, where a patient has latent TB or typical case of TB where the response to the 1st line of drugs are tolerated well then yes a patient can we seen as an outpatient. In a situation of XDR/MDR TB where 2nd line of drugs are not tolerated well and the toxicity is high, it is not unusual to be sent to the state hospital where the patient can be closely monitored until patient is stable and responding well to te treatment. As stated before, her case was very rare and she was not doing well as she lost a lung to this. I went through MDR treatment myself  for a long 19 months and the MDR/XDR TB meds are no joke... 

[nachnam 9]

1 hour ago, Wuozopo said:

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.

Thank you!!! You are correct! 

[nachnam 9]

25 minutes ago, Allaboutwaiting said:

If her visa is current, she can find an employer to sponsor her, go back home and wait for the work visa to be issued.

Thank you for the suggestion! I will let my friend know

[SalishSea 17,987]

1 hour ago, nachnam said:

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. 

How would she get a student visa from within the US?

[aaron2020 11,651]

1 hour ago, nachnam said:

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. 

Even though her student visa has not expired, it's no longer current.  She graduated in December 2020, so her grace period ended in February 2021. She has been out of status since then and will not be able continue with another program.  

[SusieQQQ 11,587]

40 minutes ago, aaron2020 said:

Even though her student visa has not expired, it's no longer current.  She graduated in December 2020, so her grace period ended in February 2021. She has been out of status since then and will not be able continue with another program.  

I was about to ask about this - thanks. They seem to have confused visa expiry date with authorized stay.

[SusieQQQ 11,587]

OP FYI from USCIS

 

https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

 

Foreign students in the United States with F visas must depart the United States within 60 days after the program end date listed on Form I-20, including any authorized practical training.

…

Failure to depart the United States on time will result in being out of status. Under U.S. law, visas of individuals who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States. 

Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.

[Allaboutwaiting 2,503]

36 minutes ago, SusieQQQ said:

OP FYI from USCIS

 

https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

 

Foreign students in the United States with F visas must depart the United States within 60 days after the program end date listed on Form I-20, including any authorized practical training.

…

Failure to depart the United States on time will result in being out of status. Under U.S. law, visas of individuals who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States. 

Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.

So if the program end date was in December, she already has a 7 month overstay and a 3 year ban upon leaving.

[SusieQQQ 11,587]

20 minutes ago, Allaboutwaiting said:

So if the program end date was in December, she already has a 7 month overstay and a 3 year ban upon leaving.

I’m don’t think it actually counts as unlawful presence as most F1 are d/s (someone correct me if this is wrong). If there is no unlawful presence there won’t be a ban. However she can neither change nor extend status within the US as she has no status at present, and with an overstay (especially that length) another visa seems highly unlikely, so ban or no ban is pretty much moot. 

[Allaboutwaiting 2,503]

7 minutes ago, SusieQQQ said:

I’m don’t think it actually counts as unlawful presence as most F1 are d/s (someone correct me if this is wrong). If there is no unlawful presence there won’t be a ban. However she can neither change nor extend status within the US as she has no status at present, and with an overstay (especially that length) another visa seems highly unlikely, so ban or no ban is pretty much moot. 

It does, as stated on the info you shared: they're out of status 60 days after the date on the I-20.

[nachnam 9]

Thank you all for your help! My friend has decided to go back home. Everything else at this point has been fruitless. 

[Rocio0010 5,580]

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

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

I know that OP said that the friend has decided to go back home, so OP’s inquiry has been resolved one way or another.

But I just wanted to chime in to state that for F1 students online classes might not be an option, because online classes can be taken from anywhere in the world, so there is no point in being In the US, hence, an F1 is fruitless. 

[Mollie09 1,543]

1 hour ago, ra0010 said:

I know that OP said that the friend has decided to go back home, so OP’s inquiry has been resolved one way or another.

But I just wanted to chime in to state that for F1 students online classes might not be an option, because online classes can be taken from anywhere in the world, so there is no point in being In the US, hence, an F1 is fruitless. 

This has been an issue during Covid too - F1 students can't do online classes.

Edited September 29, 2021 by Mollie09

[SusieQQQ 11,587]

6 hours ago, Allaboutwaiting said:

It does, as stated on the info you shared: they're out of status 60 days after the date on the I-20.

There is a distinction between being out of status and unlawful presence. Not all overstay is automatically unlawful presence. I believe the distinction applies in D/S visa cases but stand to be corrected.