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  1. #1
    Join Date
    Jul 2011
    Posts
    7

    Default Out of Status F1 (Student) Planning Reentry

    Im in US and fell out of status on 18th April from the school
    I Got new I 20 from another school . My new school asked me to
    re enter from Mexico or Canada and my classes starts on August 8th
    what is the best option reinstatement or re entry with
    old visa from Mexico. Im planning to go to Mexico on
    this Monday
    will they stop me because Im out of status for more than
    78 days.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Out of Status F1 (Student) Planning to Re Entry

    By "out of status for 78 days" do you mean that you overstayed by 78 days? You chose not to leave the U.S. when you went out of status? Is your I-94 stamped with a date or with D/S?

  3. #3
    Join Date
    Jul 2011
    Posts
    7

    Default Re: Out of Status F1 (Student) Planning to Re Entry

    I came with F 1 visa nad my I 94 stamped as D/S
    My SEVIS terminated on 18th April 2011
    so how many days I have to be back in status
    My visa Stamp is valid till 2015 December
    If I go to Mexico is there any risk of being denied to
    enter USA
    Im planning to go to Tijuana on Wednesday
    with New Initial SEVIS I 20

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Out of Status F1 (Student) Planning to Re Entry

    If your I-94 is stamped D/S, but no immigration action has been taken, you won't yet have incurred a period of ineligibility. But yes, obviously, staying well past the end of your studies and SEVIS termination can cause questions upon reentry and potentially complicate or prevent reentry. I cannot promise you what will happen, and suggest you discuss the details of your situation and plan with an immigration lawyer.

  5. #5
    Join Date
    Jul 2011
    Posts
    7

    Default Re: Out of Status F1 (Student) Planning to Re Entry

    I talked to several immigartion attorneys
    but they dont give proper advice
    Im gonna re enter from mexico
    so for that when leave do I have to
    surrender my I 94 , and When I come back
    do I have to apply for new I 94
    If I tell them the truth that I fell
    out of status and Im re entering to
    gain my status will that be a problem

    thank you

  6. #6
    Join Date
    Jul 2011
    Posts
    7

    Default Re: Out of Status F1 (Student) Planning Reentry

    Othe thing is my whole family is here
    will that be a disadvantage for me when they
    question me in the border if they sent me to secondary
    inspection. I have proof that I have done everything
    to get back to school after my sevis terminated

  7. #7
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Out of Status F1 (Student) Planning to Re Entry

    Quote Quoting Anushka
    View Post
    I talked to several immigartion attorneys
    but they dont give proper advice

    Im gonna re enter from mexico
    so for that when leave do I have to
    surrender my I 94 , and When I come back
    do I have to apply for new I 94
    If I tell them the truth that I fell
    out of status and Im re entering to
    gain my status will that be a problem

    thank you
    Just because it is not what you want to hear does not make it wrong.

    The fact your entire family is in the US makes it unlikely that you qualify for an F1 visa as you have obvious immigration intent.

    If you do not tell the truth, you risk a permanent ban from ever entering the US legally.

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