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  1. #1
    Join Date
    May 2011
    Posts
    5

    Default Is a Visa Still Valid After Voluntary Departure

    Respected Sir/Ma'am,

    I am a student (on F1 Visa). My University closed recently and that got me in to trouble. ICE was looking for students of that University and they detained me on the charge that "Failed to maintain F1 Status" - this is due to the fact that University was shutdown. Later they searched my name on internet and found that I was involved in investigating about Signal Jammer circuit as my project (during my engineering in India). ICE accused me of doing unlawful activities and termed me as National Security Threat in front of the judge during the 1st court hearing. The judge was on my side but since ICE have accused NST, he denied bond and asked me to fight the case without bond. Instead I took Voluntary Departure. At the point of exit, ICE officer told me that my visa is still fine and valid for re-entery.
    So I have planned to take my chances by taking new I-20 and paying sevis fees and enter on the same visa.
    I thought so because lot of other students of the same University are coming back (to USA) on the same old visa and New I-20 after going back to the home country (this is to avoid NTA, they are informing ICE after departing from USA, I suppose ICE will record there names in Voluntary Departure list).
    When they can come back and answer few questions at POE to CBP officer then I thought why not I should take chances. If I am lucky enough then I can convince CBP officer at POE and enter USA.
    Please comment on this as I have very little time. Within a week I should fly as I got admission in another accredited college and classes are going to begin on May 20th. Kindly comment on this situation.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,883

    Default Re: Is a Visa Still Valid After Voluntary Departure

    If your visa wasn't revoked, then your visa wasn't revoked.

    That doesn't mean you're guaranteed the right to reenter on the visa - you've indicated that there are a number of reasons why that might not happen. We also don't know if your I-94 was D/S or if you accrued unlawful presence when you overstayed.

    It would be sensible for you to discuss the details of your situation with an immigration lawyer.

  3. #3
    Join Date
    May 2011
    Posts
    5

    Default Re: Is a Visa Still Valid After Voluntary Departure

    Hi Sir,

    Thanks for your reply. I appreciate your quick response.
    I did not overstayed, I have visa which expires in 2014. I was well within status. The only problem was I was out of status because my university/school was shutdown by ICE officials who accused the University of doing some unlawful activities. Usually in such cases students are allowed to reinstate there status by filing I-539 form. But in my case, I was about to file I-539 to reinstate my status by taking admission in another accredited school. Since I was in detention with no idea what so ever. I just opted for voluntary departure as I was helpless as I was in detention and I knew only few friends who tried there best to help me. I wasn't present unlawfully. If I would have fought my case, I would have won it but I was running out of patience and I was put in a place that I didnt deserve.
    Many students of that school have come back to India, applied in other schools and went back on the same visa and they were allowed. Those students who came back to India, took this step in order to avoid NTAs and later after leaving USA they emailed ICE officials who were interviewing each and every student case-by-case basis. So I think these students have taken voluntary departure too. They came back without informing ICE and informed them only after reaching India and emailed ICE the proof of travel documents and asked them to close there case.
    I thought when these students have also opted voluntary departure and they were allowed again by CBP officer at POE then why not I should take chance and see if I can reenter again.
    Please comment

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