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Overstayed F1-VISA. Not sure about SEVIS Status(most probably terminated). Options?

Jamaica, NY |

I came to US in Aug 2005 on a Valid F-1 Visa for my Masters Degree. I-20 Valid till July 2007 and VISA Valid till July 2008.
In April 2007, I applied for a PhD program at the same school and got a new I-20 Valid till August 2013.
I went to my home country in December 2007 and returned in Jan 2008 and while coming back I was stopped at POE and they had to check with my school whether I was a student there or not.
I was in school until December of 2008 and I did not enroll ever since nor did I report to school. Now I would like to go to my home country again and want to come back, what options do I have?

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Attorney answers 3


Based on your facts, it seems the only option that you have is to go home and I doubt you will be coming back anytime soon As far as the recent change in regulations, read Director's Morton of ICE memo on PD, and you will see that student visa violators are first in the priority list for deportation. Good luck.

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.


The only option is to head back home or marry your USC sweetheart (if you have one, that is).

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature 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 will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


None are evident given the facts in your posting.

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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