F-1 Status?

[AnonymZ]

A student who has entered the U. S. with an F-1 visa, but if his/her F-1 visa has been revoked while he/she is still pursuing his education.

Does he/she still enjoy the F-1 Status?

[inadmissible]

Status, for what purpose?

For example, the alien would be deportable. The alien would have status (in this case F-1 overstay) for the purpose of applying for adjustment of status on the basis of an immediate relative petition. The alien would not accrue unlawful presence to trigger the pertinent ground of inadmissibility, until an immigration judge formally terminates the aliens status, or USCIS affirmatively denies a change of status application. After being out of status for 60 days, the alien would not be eligible for F-1 reinstatement or any change of status other than adjustment of status on the basis of an immediate relative petition (and asylum and WAVA)

[AnonymZ]

Status, for what purpose?

For example, the alien would be deportable. The alien would have status (in this case F-1 overstay) for the purpose of applying for adjustment of status on the basis of an immediate relative petition. The alien would not accrue unlawful presence to trigger the pertinent ground of inadmissibility, until an immigration judge formally terminates the aliens status, or USCIS affirmatively denies a change of status application. After being out of status for 60 days, the alien would not be eligible for F-1 reinstatement or any change of status other than adjustment of status on the basis of an immediate relative petition (and asylum and WAVA)

My F-1 visa was revoked due to a DUI arrest(not convicted yet), while I am still in the U. S. and about to graduate this May, I am concerned if this revocation will have any impact on my OPT application(which requires one to maintain F-1 status as one of the pre-requisites).
Kindly, help me out with this query.

[newacct]

What happens to a visa (which is only for entry) doesn't affect your status. A DUI may or may not make you deportable, but unless and until you are deported, you still have the status you had as long as you continue to meet the conditions of that status (e.g. for F-1, have a valid I-20 and remain in good standing in school). But, just because you remain in status now doesn't mean they have to approve your OPT. Your criminal history can definitely affect whether they approve or deny things.

[TarCas]

...

[inadmissible]

If your school revoked your I-20 (perhaps in connection with being terminated as a student) you are out of status. You need your DSO's endorsement to apply for OPT, I doubt your DSO will grant it if that very same DSO revoked your I-20

Talk to your DSO

[AnonymZ]

If your school revoked your I-20 (perhaps in connection with being terminated as a student) you are out of status. You need your DSO's endorsement to apply for OPT, I doubt your DSO will grant it if that very same DSO revoked your I-20

Talk to your DSO

Hi,

I spoke with my DSO, she mentioned that my university has taken no steps to revoke my student status.
However, she mentioned that the Department of State has revoked my F-1 Student status, and could not specify how my OPT application will be impacted.

Any insights will be highly appreciated.

Thanks.

[inadmissible]

This is an interesting situation. I would go ahead and apply for your EAD, while planning for the contingent possibility that you will be denied

[AnonymZ]

This is an interesting situation. I would go ahead and apply for your EAD, while planning for the contingent possibility that you will be denied

I am already in touch with an immigration attorney, do you recommend any other contingency measures that I should be taking into account.

[inadmissible]

Marry a US citizen, apply for a green card. That resolves many long term issues

[AnonymZ]

Marry a US citizen, apply for a green card. That resolves many long term issues