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Can I get a Visa after become an out-of-status student?

Seattle, WA |

I became an out-of-status student last year because I failed in most of my classes. When I came back to my country to renew it, the U.S Consular refused my Visa, after that, I applied to another school and they accepted me on probationary basis program with a condition that if I don't meet their requirements after the 1st term, they will terminate me. I bring their new I-20 with conditions to interview, but they still refuse my Visa. They just said that I don't meet their requirements, my situation hasn't changed and I failed a lot in my past. I really don't know why, because I think that my situation has changed a lot when I have a new I-20. Now, I will take online classes in order to improve my grades. Do you think that they'll give me a Visa when I get good grades after this quarter?

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Attorney answers 3


Visas are very discretionary and with all these denials I woudl recommend you work or go to school in your country for awhile before trying again. The burden is on you to prove you will return and sinc eyou overstayed int he past you will have a very hard time with this.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law


The answer to your title quesiton is very intuitive and I bet you know it.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.


Any overstay is an issue to be overcome in future visa applications. After all, if you violated the terms of your admission once, it is evidence suggesting that you will do so again.

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.