Hi, I have such situation, I was granted a voluntary departure, but I did not break the law.

The schools International Student Official must decide whether to notify SEVIS as a matter of law. The school can lose certification if it ignores its responsibility. If you were not given an authorized leave of absence, then you will have to prove that you qualify for reinstatement of your F-1 visa status. Otherwise, you are out of status at the time that SEVIS is notified.

At that point, ICE can issue a Notice to Appear and file this complaint in immigration court. You remain out of status unless the DHS reinstates your student visa status. There were other options besides reinstatement in the U.S. It may be neglect on your part for not notifying your Schools International Student Official in a timely manner. It is unfortunate that a physician or family member did not take action for you. If you were attending school part time, then you fell out of status.

You should have asked for a leave of absence even if you were attending a part time schedule. You need to be a full time student with a minimum number of credit hours. Ten was not enough. You needed the cooperation of a Student official and an efficient and effective reinstatement to remain legal in the U.S.

If you have further questions, I strongly recommend that you schedule an appointment or teleconference with a candid and experienced immigration and visa attorney.

This response is general information not meant to be legal advice. The above reply does not create an attorney-client relationship.