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How hard is it to obtain a new visa after the first one is violated ?

Dallas, TX |

I've been out of status for more than 5 months right now, and I've been asked by my DSO to leave the USA and re enter sometime later. She couldn't give me a final answer about my visa status is it cancelled or not. I am voluntarily leaving the country within the next week. I just want to know how hard will it be for me to obtain a new F1 Visa. My visa is valid till 2016 and my I/94 got D/S written on it.
thanks

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Attorney answers 2

Posted

D/S means duration of status so as soon as your program was over your status expires and you have 60 days to leave (grace period). That the visa is valid until 2016 is not relevant in this case. You have not accrued unlawful presence until a judge has made such determination. I don't know what you mean by "cancel." You should take your DSO's advice. By remaining in the U.S. you are not changing anything.

Asker

Posted

Thanks for your reply. I am planning to go back ASAP, my question is when I go back will I need a new sevis or do i need to apply for a whole new f1 visa ?

Alison Yew

Alison Yew

Posted

You need to obtain a whole new F1 visa (or some other visa, but you are no longer eligible for a reinstatement).

Asker

Posted

Alright and how hard will it be for me to obtain a new f1 visa since i've violated the first one. I was not involved in any unlawful employment or anything like that, i was just not enrolled for that time.

Posted

You should consult an experience immigration attorney prior to your departure.

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