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F1 visa out of status. Reinstatement procedures?

Lafayette, LA |

I am a F1 student visa holder, entered into United States in Fall'2010(August 2010) for my Master's. I thought I would graduate in Spring'2012 and applied for an post-OPT. I got my Employment Authorization card in Spring'2012, whose start date is 06/09/2012, but I could not graduate as I got very poor grade in one of the course and so I had to repeat it. I did that course in Fall'2012 and got graduated in 17th of December 2012. Now I got a job and working for a software firm.
My question is: I was unemployed for around 6 months and now when I consulted my University International office people to update them with my employment details they said I am Out of status and can't help me. Please tell me further steps that I need to go through to be in-status. Please help me.

Attorney Answers 3


If your foreign student adviser ... not a 'staff' person ... said that you can't continue in your OPT ... then I tend to defer to them ... sorry.

You can meet with with an immigration attorney and have him'/her review your paperwork ... if you would like a 2nd opinion.

Unfortunately, you won't find the answers you seek on this internet blog.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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I would agree with Attorney Capriotti

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

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A student who has failed to maintain status must be reinstated to lawful F-1 status at the discretion of USCIS, but only under the limited conditions specified in 8 CFR 214.2(f)(16).
USCIS may consider reinstating a student to F-1 status if the student can prove all of the following:
•The student has not been out of status for more than 5 months
•The student does not have a record of repeated violations
•The student is pursuing, or will pursue in the next available term, a full course of study
•The student is not engaged in unauthorized employment
•The student is not deportable on any grounds other than the status violation for which reinstatement is being requested
•The status violation resulted from either
◦circumstances beyond the student’s control; or
◦failure to apply in a timely manner for a reduced course load authorization from OIP. This is only possible if the violation relates to something OIP would have had the authority to approve and that failure to receive reinstatement would result in extreme hardship to the student.
You should definitely consult with an experienced immigration attorney to help you with this.

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