reinstatement denied F1 reinstatement denied, filed i290-B, f1 still got denied

[Namdyfit 0]

Hello, I need some help in understanding this situation and what plan of action to take. 

My F-1 status was terminated back in September of 2014, I transferred to a new school and was prompted to file my reinstatement procedure the October of 2014.

 

USCIS reinstatement was filed in Jan 2015.

I received a denial notice on October 2016 that my case was denied due to a delay in filing my reinstatement within the 5 months period and that I should leave the united states promptly as to not acquire unlawful presence (180 days max).

 

I filed in an I290-B, a motion to appeal the decision, presenting new evidence that I had been in an accident that prevented me from filing my case on time, also stating that my case was actually filed within the 5 months period according to the date I have from my DSO.

 

A notice on USCIS website under case status states that my case was denied on February 10th 2017. I have not received any letter yet. 

 

Please, any advice on what I can do now? I am planning on returning back to my home country Nigeria to reapply. What is the risk involved that the consular office will grant me a new visa? As my visa is currently expired.

 

Help is appreciated. Thank you 

[dwheels76 5,459]

50 minutes ago, Namdyfit said:

Hello, I need some help in understanding this situation and what plan of action to take. 

My F-1 status was terminated back in September of 2014, I transferred to a new school and was prompted to file my reinstatement procedure the October of 2014.

 

USCIS reinstatement was filed in Jan 2015.

I received a denial notice on October 2016 that my case was denied due to a delay in filing my reinstatement within the 5 months period and that I should leave the united states promptly as to not acquire unlawful presence (180 days max).

 

I filed in an I290-B, a motion to appeal the decision, presenting new evidence that I had been in an accident that prevented me from filing my case on time, also stating that my case was actually filed within the 5 months period according to the date I have from my DSO.

 

A notice on USCIS website under case status states that my case was denied on February 10th 2017. I have not received any letter yet. 

 

Please, any advice on what I can do now? I am planning on returning back to my home country Nigeria to reapply. What is the risk involved that the consular office will grant me a new visa? As my visa is currently expired.

 

Help is appreciated. Thank you 

Don't know what you mean "What is the risk involved that the consular office will grant me a new visa?"

 

There is no risk. But more than likely a denial since it's now 3 years later and you have overstayed quite sometime. And getting another student Visa will probably not happen.

You can always seek a lawyer but it wont be cheap. But maybe they can fight your appeal. In this current climate an overstay this long is not good or wise. Good luck.

 

[Namdyfit 0]

19 minutes ago, dwheels76 said:

Don't know what you mean "What is the risk involved that the consular office will grant me a new visa?"

 

There is no risk. But more than likely a denial since it's now 3 years later and you have overstayed quite sometime. And getting another student Visa will probably not happen.

You can always seek a lawyer but it wont be cheap. But maybe they can fight your appeal. In this current climate an overstay this long is not good or wise. Good luck.

 

 

By "risk", I mean if I go back home (Nigeria) what are the chances of getting a new student visa to continue schooling in the fall semester.

 

What do you mean by overstay, I have remained a full-time student since my earlier suspension at a new school under f1 reinstatement procedures. My initial reinstatement was only denied in October of 2016. I filed a motion to reopen but was denied again. It is now February, doesn't it mean that I have overstayed for just 4 months only. 

 

What do you mean by 3 years overstay?

[dwheels76 5,459]

19 minutes ago, Namdyfit said:

By "risk", I mean if I go back home (Nigeria) what are the chances of getting a new student visa to continue schooling in the fall semester.

 

What do you mean by overstay, I have remained a full-time student since my earlier suspension at a new school under f1 reinstatement procedures. My initial reinstatement was only denied in October of 2016. I filed a motion to reopen but was denied again. It is now February, doesn't it mean that I have overstayed for just 4 months only. 

 

What do you mean by 3 years overstay?

Okay this is very confusing you said your F1 was terminated September 2014 correct? You said you filed for reinstatement January 2015. The minute your F1 was terminated you were out of status. I believe you have a 30 day grace period to get out.

 

You remained a fulltime student on what Visa? You said it was terminated and you have yet to be reinstated. So what legal status do you have here?

 

[Namdyfit 0]

18 hours ago, dwheels76 said:

Okay this is very confusing you said your F1 was terminated September 2014 correct? You said you filed for reinstatement January 2015. The minute your F1 was terminated you were out of status. I believe you have a 30 day grace period to get out.

 

You remained a fulltime student on what Visa? You said it was terminated and you have yet to be reinstated. So what legal status do you have here?

 

 

The information is correct. I was terminated and in 2014 and I was given 3 options, 

1. To appeal my academic suspension 

2. To transfer my Sevis record to another institution (where my reinstatement was filed and I remained a student)  

3. To leave the United States 

 

Please attached email for clarification. 

 

Edited February 22, 2017 by Ontarkie
Attachments removed do to personal information

[NancyNguyen 1,657]

Sometime you can't trust DSO, some of them doesn't know what they talk. It has been so long already, there is no way you can reinstate your F1.

[Namdyfit 0]

3 minutes ago, NancyNguyen said:

Sometime you can't trust DSO, some of them doesn't know what they talk. It has been so long already, there is no way you can reinstate your F1.

What suggestions do you have if any very much appreciated 

[KurosawaSan 52]

56 minutes ago, Namdyfit said:

What suggestions do you have if any very much appreciated 

Leave the US - you are out-of-status and it's very unlikely that any reinstatement will happen at this point. With an overstay of over 3 years, you got yourself a ban.

 

You can consult an attorney (and you should) but there is very little that can be done about your situation at this point.

[Penguin_ie 5,984]

Leaving the USA is the correct thing to do.

No one here can tell you what exactly your chances are of getting a new F1.  For example, even with the accident, they'd expect you to at least stay in touch with them. I think a lot will depend on  how much longer you have to go on your studies, and proof you can show that you will adhere to the rules this time around, and have the finances to complete your studies.  Also, make sure to show why you have to complete your studies in the USA- why can;t you study whatever subject at home, or in Europe for example?

 

Did you have insurance for when you were in the accident? Because another concern may be outstanding medical bills, if not.

[Namdyfit 0]

19 minutes ago, Penguin_ie said:

Leaving the USA is the correct thing to do.

No one here can tell you what exactly your chances are of getting a new F1.  For example, even with the accident, they'd expect you to at least stay in touch with them. I think a lot will depend on  how much longer you have to go on your studies, and proof you can show that you will adhere to the rules this time around, and have the finances to complete your studies.  Also, make sure to show why you have to complete your studies in the USA- why can;t you study whatever subject at home, or in Europe for example?

 

Did you have insurance for when you were in the accident? Because another concern may be outstanding medical bills, if not.

This is the best answer I've gotten so far that doesn't tell me that I overstayed and now have for sure ban. Yes I had insurance and the bills have been taken care of.

I hopethey let me come back because I have only two semesters left to complete my studies and I'll show the required proof stated above.

[Boiler 43,429]

Let us know how it goes.

[KierenHby 897]

17 hours ago, Namdyfit said:

The information is correct. I was terminated and in 2014 and I was given 3 options, 

1. To appeal my academic suspension 

2. To transfer my Sevis record to another institution (where my reinstatement was filed and I remained a student)  

3. To leave the United States 

 

Please attached email for clarification. 

 

Avoid posting personally identifying info on a public forum. 

Odds of being approved for F1 depends on finances, ability to maintain gpa, time left for studies, as well as adhering to student visa regs. 

[Ontarkie 13,913]

~~One post edited to removed attachment containing personal information~~

[Muhi 0]

Hey,

I have applied for an F1 reinstatement and I am waiting to hear from the USCIS. I just wanted have questions about the timeline. You said that your USCIS reinstatement was filed in January 2015 and that you received a denial notice in October 2016. Is it a mistake or it took 22 months (~2 years) for the reinstatement to be processed? and if you know what is the regular application timeline?

Thanks!

 

 

 

Edited January 9, 2018 by Muhi
add info