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  • F1 status reinstatement issue

    Hi all,

    I am an international student. Due to a car accident and the following skip of classes for 2 weeks, my status was terminated by school. I filed for a reinstatement with USCIS but it was denied. The letter said that there is no appeal to this decision but I can file a motion though. My question is, can the judge's order overrule USCIS' decision? Anything I should consider when I file a motion? Is it worth to file a motion or is it just a waste of time, meaning what are the chances?
    Thank you all for your thoughts and advises! Any sharing of personal experiences and stories is greatly appreciated!

  • #2
    Were you out of status for more than 60 days? If so, an appeal is a waste of money and time. You were properly denied. Leave the country, apply for re-admission to your school, get a new I-20, and apply for a new F-1.

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    • #3
      What date to choose as Out of status date ?

      Originally posted by inadmissible View Post
      Were you out of status for more than 60 days? If so, an appeal is a waste of money and time. You were properly denied. Leave the country, apply for re-admission to your school, get a new I-20, and apply for a new F-1.
      Hi,
      Thanks for your quick reply. It is very important to me since everything depends on timely action on my part now. I wonder now what date I should consider as "out of status" (OOS) date. Is it the date (December 2nd) when my school notified me by letter that I am OOS, or the date (June 11th) stamped on USCIS-letter saying that my reinstatement request was denied? It took so long until my reinstatement application was denied and while my case was pending, I kept attending classes and finished the last semester. Now I have to choose either to file a motion or go back home and reapply. Please advise me. (advises from school officials and an immigration attorney are different regarding my case)
      Thank you

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      • #4
        My previous response to this thread is not correct. That said, numo, what is the full story? Schools typically terminate students who fall below a threshold GPA for two semesters. Students typically do not fail classes for missing out the last two weeks, especially since make-up finals are given for good cause.

        You were out of status when you stopped going for classes, you have been accruing unlawful presence since the date of the USCIS denial letter. Your lawyer gets paid more to file motions upon motions on unwinnable cases, which colors his advice.
        Last edited by inadmissible; 06-20-2015, 07:32 PM.

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        • #5
          How were you able to "attend classes and complete your last semester" if you had been terminated?

          Had you applied for readmission? Did you include a new I-20 in your reinstatement request? What did you state in your reinstatement petition?

          Did your school's international student office assist you with this process? Did the DSO provide a letter recommending reinstatement?

          What were the stated reasons for the denial of your reinstatement?

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          • #6
            Originally posted by inadmissible View Post
            How were you able to "attend classes and complete your last semester" if you had been terminated?

            Had you applied for readmission? Did you include a new I-20 in your reinstatement request? What did you state in your reinstatement petition?

            Did your school's international student office assist you with this process? Did the DSO provide a letter recommending reinstatement?

            What were the stated reasons for the denial of your reinstatement?
            1. I was allowed to (or had to ) attend classes since I had been applied for reinstatement. Terminated was maybe not the correct word, but, out of status , yes .
            2. Yes, I applied for reinstatement which was denied. But I included my current I-20 (copy). I submitted my letter explaining that I had a car accident (as passenger) and afterwards couldn't go to school because I was feeling well.
            3. School has provided a sealed letter with my academic data, but I don't know if there was a letter from DSO recommending my reinstatement.
            4. UCSIS said that there wasn't enough proof to justify my absence for 2 weeks after the car accident. There wasn't a situation which I couldn't control.
            Little clarification: I understand that I was dropped because my credit hours fell below 12 due toy failure to pass a class with 3 credits. I had 14 credits and Business was the class I failed the midterm and stopped attending, and which costed me 3 units. Like I said I attended other classes except the Business; was very foolish on my part.
            I don't blame nobody except me, the thing is now how to correct my mistake and get back to school and finish the school, since there is only one semester left to graduate.

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            • #7
              hello, please how long did it take for reinstsment? and were you granted the visa again?

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              • #8
                international student dismissed not registered out of status asylum pending - Help!

                Hi everyone, the combination of academic dismissal and out of status with a pending asylum case has become unbearably stressful for me. Any advice as to what steps must be followed to regain status? Any one with a similar experience? I have been told by my school to appeal the hold on financial aid. How can I continue to register gor the next semester? Will previous i-20 stay valid?

                Thank you for any advice.

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