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F1 visa reinstatement denied because of school's official's error

San Francisco, CA |

I am an international student in San Francisco, and I was out of status for a period no later than the limit of 5 months before I got accepted to my current school. After I got accepted I started the process of reinstating my F1 visa status, but then because of my school advisor who gave me the wrong address to file the form i-539 (she gave me the adress for applying form i-797C which was 1820 E. Skyharbor Circle S Suite 100, Phoenix, AZ 85034) my reinstatement request was denied as the office for applying form i-539 didn't get any of my documents. This is not my fault as I already sent all those documents as requested and it should be there, but at the wrong office. This was an error of miscommunication and I am hoping I can fight on this issue. Please let me know if someone has answers

Attorney Answers 4

Posted

Calm down. Not all is lost. There is still hope to remedy this unfortunate situation .

You need a good immigration lawyer in the Bay Area to to prepare a request for a "nunc pro tunc" (retroactive) reinstatement by arguing the "through no fault of his own" exception..
Edward LITWIN is a fantastic lawyer for these kinds of situations. If you don't mind calling Los Angeles, Carl SHUSTERMAN is also a fabulous immigration expert. I am sorry I am too far south for you. I have filed quote a few of these cases in the last few years and been successful with most. But the two lawyers I just recommended are giants of immigration law. Call one first thing tomorrow morning!

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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4 comments

Asker

Posted

Thank you for your response! I was feeling really desperate regarding this issue. With your cases that you were successful with, did your client need to leave the US and came back in order to reinstate his/her F1 visa? Or did they stay in the United States while the "nunc pro tunc" is in process? I am hoping I can make clear of this issue immediately. And if you're willing I would like to get your help as my attorney because I desperately need immediate help right now.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

They stayed right here while the application was pending with USCIS. With the CSC no less..

Asker

Posted

and do you mind telling how long does it take for the process to be resolved?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Can take anything from 4 to 5 months to hear back from USCIS.

Posted

I agree with my colleague. You need to speak with an immigration attorney immediately. It's unfortunate that your Designated School Official put a wrinkle in your plans, but it will be fixed. If you found this answer helpful, kindly consider marking it HELPFUL or BEST ANSWER. Good luck with your studies.

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state, whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Posted

I, too, agree.

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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Posted

I agree with the other replies and you may contact me if you don't have an attorney yet.

Shawn Matloob
415-391-6298

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