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I-485 denied, can I apply for an F-1 visa?

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  • I-485 denied, can I apply for an F-1 visa?

    So my I-485 just got denied, I wonder if I can apply for an F-1 visa to continue my study. My problem is that I violated the F-1 visa once in the past, so I am unsure if it is possible to obtain a different one.

    Thank you for your help in advance!

  • #2
    Visas are just for entry. What matters for your stay in the US is status. If you violated F1 status, you are no longer in status. In certain circumstances if you were out of status for less than 5 months it might be possible to apply for F1 reinstatement, but I don't think it's possible in your case. You would probably have to leave the US and try to re-enter. But when you try to enter there is a chance you will be denied entry for immigrant intent.

    This is my personal opinion and is not to be construed as legal advice.

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