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My F1 visa expired this month but I am on OPT which is valid till AUGUST 2nd 2014.Can i re-apply to renew my F1 visa?

Worcester, MA |

Hi my name is Ali and i finished with my masters a month ago. Instead of the usual 5 years F1 visa which is given to international students i was just given a F1 visa valid only for the exact course of my duration i.e 18 months. I applied for OPT which was approved till next year august 2nd and am currently working for a company. I want to visit my home country as i am getting married next year in MAY for which i need to re-apply for F1 visa as i cannot re-enter the US on an expired visa. However many of my friends and colleagues are advising against it cause they are sure it will be rejected as the visa officer may see me as a potential immigrant. I plan to apply in CANADA as apparently the acceptance rates are high there. I cannot avoid this trip. What do i do?

Attorney Answers 3


  1. Going to Canada doesn't satisfy the US government's requirement that you demonstrate non-immigrant intent.

    What do you plan to do after marriage? Go back home ... or bring her to the US?

    You should talk in private to an experienced immigration attorney and stop listening to friends and colleagues ... they are the worst source of information regarding immigration law & procedure.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- 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.


  2. I would have to have more information but from what you info you provided, it sounds risky to me

    Baybik Law Group, P.C. Please be advised that the answer above is only informational in nature and 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 require full understanding and an accurate account of all pertinent facts about your case. This answer is not meant to create an attorney-client relationship and is to be used only for informational/general informational purposes.


  3. If you need to travel abroad, then yes.

    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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