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F-1 Out Of Status

Discussion in 'OPT changes' started by sina auomanu, Oct 21, 2016.

  1. sina auomanu

    sina auomanu New Member

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    I came to the US on a F-1 visa. My visa had been expired way before I even completed my degree program. I applied for Reinstatement of status and got approved until May 2016 and that was my end date for my program. I graduated in May 2016 and already had my EAD card on hand for opt. Unfortunately, I did not meet the requirement for one of my class. I needed to retake it. If not that's a violation of the law.
    Our ISS office terminated my sevis record because they found out that I had one class that I needed to take.

    I did not enroll for that one class because theres a hold on my account that prevented me from registering. I was told by my adviser that I must return to my home country then re-enter the US with a new visa so that way they can re-activated my sevis record then Ill be able to resume my study. In the meantime I am currently out of status and I must return home but I do not want to because I dont want to depart from him.

    My boyfriend and I are planning to get married so that way he can petition for me and not to go through this process of taking that one class again. Can he start petition for me while were waiting to get married or wait after we get married then start the process?

    What should I do ?
     
  2. Santy

    Santy Guru

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    This is a very serious matter. The chances of getting new visa is high if you return to your home country. Remember, there is always a chance of rejection even if you are honest with your answers during visa interview. Don't rely on online answers, get in touch with an attorney as soon as you can and why not starting with @Ron Gotcher.
     
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  3. s_gan

    s_gan Super Moderator

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    You have been out of status for nearly 5 months (approximately 150 days). If you overstay more than 180 days you will be barred from entering US for 3 years. If you overstay more than 1 year then you will be barred for 10 years. The best option for you is to leave the US an reapply for visa.
     
    donisback likes this.

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