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What is more preferable - do get denied student reinstatement of to be out of status for 9 months?

Burbank, CA |

I fell out of my student status 7 months ago. I've been enrolled back in school for the last 4 months and am about to graduate. My application for the reinstatement is still pending. However, I don't have a very strong case and now wish to withdraw my application and leave the country. Would it be better for me to do that as opposed to being denied the reinstatement?

Attorney Answers 3

Posted

You have to discuss the matter with your DSO.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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Posted

Both result in you being out of status and that being an issue in future visa applications.

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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2 comments

Asker

Posted

Thank you, I realise that.. But I'd like to know what is less harmful in my case. I was told that the reinstatement denial is going to lead to me being "permanently limited in obtaining non-immigrant visas", is it true?

J Charles Ferrari

J Charles Ferrari

Posted

Both result in you being out of status and that being an issue in future visa applications.

Posted

I do not think you should be making this choice between these two options.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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4 comments

Asker

Posted

What do you mean by that, would you mind explaining to me? I don't seem to have any other options, so I'm just trying to figure out what is the most preferable in my case.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You should not be overstaying, period. Full stop, When you do, you violate the laws of the country that hosts you. Talk to the DSO and see how you can make your case strong.

Asker

Posted

I overstayed for medical reasons and because I wasn't aware I was out of status. I can't make my case strong because I'm enrolled in a short term program and I'm about to graduate, and I applied for the reinstatement late. Here I'm just seeking advice because I made a mistake and I want to fix it. I'm looking for help, not criticism.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

The only good advice we can give you is to leave as soon as you can because staying here out of status is a one way path to nowhere in terms of any future status in this country.

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