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Apply for reinstatement or wait...

Houston, TX |

Hi
iam foreign student out of F1 status for 8 months. should i apply for reinstatement now or wait the immigration reform?
If i apply for reinstatement and get denied, can i still wait for the reform to see my options?

Attorney Answers 3


  1. Presumably you can wait for reform after a denial since the reform, if it ever comes, is intended for people who are out of status, which you most definitely would be. Now, whether you would actually benefit from that reform remains to be seen.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. I agree with my colleague. However, no attorney can recommend that you overstay your visa status, because you you are subject to deportation, if taken into custody.

    The challenges whether this happens. The current state in Washington is rather disappointing. The Republicans who trumpeted how they were going to reform immigration have now completely backed off their position.

    The proposals are the same as those that were rejected by reformers under the George W. Bush Administration, when Congress tried.

    No one wants to pay 20 years of back taxes, a $5000 fee, attorneys fees, and then find out that they are disqualified from the program due to some technical glitch of inadmissibility. Currently, this is what a proposal is and it is sickening to see it surface, again!

    It may be best to consider your other immigration options, since other nations seem much more user-friendly in their laws.

    This is general information, not legal advice, and does not create an attorney client relationship.


  3. The problem with waiting is that immigration reform may or may not happen.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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