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My wife is a student at a local community college. She had been attending classes there on an F1 visa and I have been on an F2 visa. On January 23, 2012 she took a leave of absence to travel to India due to her grandmother’s ill health. I was still living in the United States while she was visiting India. When she returned on April 5, 2012 she ran into trouble with USCIS. She was interviewed by a USCIS agent and informed that her I-20 had been terminated. The interviewing agent also confiscated her I-20. After three hours of speaking with agents she was able to explain the situation to them thoroughly and able to gain reentry under the condition of submitting the appropriate documents to USCIS within 30 days. She was also provided a form I-515 attached to her I-94, which she was asked to submit along with her I-20 which the college is supposed to reissue within 30 days of her arrival into the United States.
Following her entry into the United States, we met up with college authorities at the International Student Office to explain what had happened at the port of entry. A couple of days later, she was informed that the college’s and USCIS’ interpretation of ‘leave of absence’ appears to have a variance which the authorities at her college were unaware of. She has two choices: either she leaves the country or applies for reinstatement of her I20. I am told that because I am on an F2 my status is dependent on her and I too will have to file the I539 for reinstatement.
We now have to file form I539 for reinstatement of I20 for my wife and myself since I am her dependent. However, I have 2 DUI convictions of which the most recent one was in Feb 2012. The form I-539 asks if any person on the application has been arrested. I have to reply in the affirmative about it. Should we provide documentation about the arrest and supporting documentation to show that I am following through with the terms of my DUI conviction such as DUI classes etc. Is there a chance the I-539 will be denied? What are our options if the I-539 is denied? Is there a chance they would approve my wife’s reinstatement and deny mine? My daughter is a US citizen, is that of any advantage to our situation?
Following her entry into the United States, we met up with college authorities at the International Student Office to explain what had happened at the port of entry. A couple of days later, she was informed that the college’s and USCIS’ interpretation of ‘leave of absence’ appears to have a variance which the authorities at her college were unaware of. She has two choices: either she leaves the country or applies for reinstatement of her I20. I am told that because I am on an F2 my status is dependent on her and I too will have to file the I539 for reinstatement.
We now have to file form I539 for reinstatement of I20 for my wife and myself since I am her dependent. However, I have 2 DUI convictions of which the most recent one was in Feb 2012. The form I-539 asks if any person on the application has been arrested. I have to reply in the affirmative about it. Should we provide documentation about the arrest and supporting documentation to show that I am following through with the terms of my DUI conviction such as DUI classes etc. Is there a chance the I-539 will be denied? What are our options if the I-539 is denied? Is there a chance they would approve my wife’s reinstatement and deny mine? My daughter is a US citizen, is that of any advantage to our situation?
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