I will really appreciate if someone can can provide some correct/clarification regarding my case.
I arrived in US in 2010 for MS degree(NYU) and and got degree in 2012 with good gpa.after graduation I started working with deloitte as software engineer.
Because of lottery issues my H1 never selected during OPT time period. To maintain my F1 status i searched for some schools in nj/ny/de/pa. honestly i did search for some schools which can provide cpt and classes so that i can continue my career without any interruption.
but suddenly DHS announced that UNNJ is fake and was sting operation.
after that i started looking for some schools to get re-instatement I20 for masters degree.
now i have re-instatment i-20 and SEVP transferred my terminated SEVIS records to current university.
at the end of this conversation -i wanted to know that if i file i-539 re-instatement application at this time so what are the chances/percentage i have to win or get approval from uscis regarding my case.?
thanks in advance and your help.
As long as your current school's DSO is willing to help you and personally intervene with USCIS's intl. student affairs representative at your local USCIS district office to seek reinstating your valid student status, then your chances are pretty high. If you are going to try to do that on your own, those are pretty low, am afraid, even if it has now been less than 5 months since you de facto fell out status..
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
In my opinion, USCIS does not re-instate F-1 to students who were associated with their sting operations. Considering you have sought F-1 on numerous occassions, you will also have a hard time showing a very strict non immigrant intent and strong ties to home country. It will be best to seek a visa abroad, if you qualify.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Any chance that you have can be greatly increased if you will consult with a US immigration attorney and fully discuss the facts and your options.
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