F1 visa renewal denied

[f f 725]

his i94 was d/s so there is no mandatory ban for being out of status in the us. there may be something for not following the rules of the visa.

[jan22 2,901]

19 minutes ago, f f said:

his i94 was d/s so there is no mandatory ban for being out of status in the us. there may be something for not following the rules of the visa.

The ban you are referring to would have been for unlawful presence, not for being out of status.  Having been admitted for duration of status (D/S), you are right --- even while out of status, the OP would not have been accruing unlawful presence.

 

The OP reported that for 13 months in the US, he was out of status more than half of that time (8 months, more than 60% of the time).  Waiting for funds to arrive before you can enroll is no excuse for a visa officer, as part of the visa requirement is that you show sufficient, already available, funds to pay for the first full year of coursework and ready access to funds to pay for remaining years.  Give the recent lengthy time being out of status, knowingly in violation of the terms of his visa, it seems pretty clear why a consular officer is not eager to issue a new visa.

Edited August 17, 2017 by jan22

[Zeezy 0]

56 minutes ago, jan22 said:

The OP reported that for 13 months in the US, he was out of status more than half of that time (8 months, more than 60% of the time).  Waiting for funds to arrive before you can enroll is no excuse for a visa officer, as part of the visa requirement is that you show sufficient, already available, funds to pay for the first full year of coursework and ready access to funds to pay for remaining years.  Give the recent lengthy time being out of status, knowingly in violation of the terms of his visa, it seems pretty clear why a consular officer is not eager to issue a new visa

I was out of status for 8 months in all, funds were available but to access it was an issue due to a change in bank policies on forex  in my country at the time. From those 8 months  I was able to register for 4 courses respectively between two semesters, my school allowed that when my funds were finally released 2 months into the out of status period with the understanding that i should go renew my visa during the summer holiday, I am in my third year going on fourth,

Im just in a fix. 

[Boiler 43,576]

Can you transfer your credits to a local Uni?

[xyz12345 260]

1 hour ago, jan22 said:

The ban you are referring to would have been for unlawful presence, not for being out of status.  Having been admitted for duration of status (D/S), you are right --- even while out of status, the OP would not have been accruing unlawful presence.

 

The OP reported that for 13 months in the US, he was out of status more than half of that time (8 months, more than 60% of the time).  Waiting for funds to arrive before you can enroll is no excuse for a visa officer, as part of the visa requirement is that you show sufficient, already available, funds to pay for the first full year of coursework and ready access to funds to pay for remaining years.  Give the recent lengthy time being out of status, knowingly in violation of the terms of his visa, it seems pretty clear why a consular officer is not eager to issue a new visa.

This make sense.

 

I found this too. Not exactly the same case -- similar but even worse overstay. No ban if D/S. Different outcome though for non immigrant vs immigrant visa.

 

http://www.limlawpractice.com/Successful-Cases/A-Former-F-1-Student-Obtained-U-S-Green-Card-After-Out-of-Status-for-Over-20-Years.shtml

 

[Zeezy 0]

5 minutes ago, xyz12345 said:

This make sense.

 

I found this too. Not exactly the same case -- similar but even worse overstay. No ban if D/S. Different outcome though for non immigrant vs immigrant visa.

 

http://www.limlawpractice.com/Successful-Cases/A-Former-F-1-Student-Obtained-U-S-Green-Card-After-Out-of-Status-for-Over-20-Years.shtml

 

Thank you for your message I've read through the link you sent and its gives me a little bit of hope , I will continue in pursuit of my case and I hope for the best.

Thanks again.

[Zeezy 0]

23 minutes ago, Boiler said:

Can you transfer your credits to a local Uni?

I'm considering that option as well, thank you.

[Boiler 43,576]

3 minutes ago, Zeezy said:

Thank you for your message I've read through the link you sent and its gives me a little bit of hope , I will continue in pursuit of my case and I hope for the best.

Thanks again.

That ink has nothing to do with your situation.

[jan22 2,901]

34 minutes ago, Zeezy said:

I was out of status for 8 months in all, funds were available but to access it was an issue due to a change in bank policies on forex  in my country at the time. From those 8 months  I was able to register for 4 courses respectively between two semesters, my school allowed that when my funds were finally released 2 months into the out of status period with the understanding that i should go renew my visa during the summer holiday, I am in my third year going on fourth,

Im just in a fix. 

Not to sound completely unsympathetic, but ----

     1.  You were out of status for 8 months, choosing to stay in the US and study part-time, in violation of your visa requirements, rather than go home and try to work out the financial situation to access the funds and return to the US in valid student status.

     2.  You knew the requirements for full-time study and chose to ignore them for 8 months.

     3.  You said funds were available but you couldn't access them --- that means funds were not, in fact, available.

     4.  You said your funds were released 2 months into the 8 month out of status period, which might gain you some credibility for one semester -- but you purposefully remained out of status for a second semester instead of dealing with the issue as soon as possible.  You and your school have no authority to change the legal enrollment requirements for a visa.

 

These are just a few points that a visa officer would be considering when you are now applying for a new visa.  I would not expect to see one issued in the near future, sorry.

Edited August 17, 2017 by jan22

[mcdull 474]

23 hours ago, Zeezy said:

Thank you for this forum.

I was admitted 2014 into a private university in Florida , I got all my documents and applied for a visa which I got the second try.

I came to the US from Nigeria to study engineering, along the line I found another university which was cheaper and offered the same course with a larger African community , I decided to make the change which went well. 

2016 my tuition didn't arrive early enough for me to enroll the allowed 12 credit unit so my sevis was cancelled and I was out of status, I was able to enroll for 6 credit unit and I continued attending classes. This summer I decided to return back to Nigeria to renew my visa I got a new 1-20 from school,transcript , admission letter . Now I'm back home the embassy has denied me four times now. 

I dnt know what to do, school has resumed I cant continue my studies. did anyone get into this type of problem and what's The best way to get out of it. 

This is my future right here and I don't know what to do. I'm so confused.

Thank you.

my advice, find somewhere else to study.

[nenanena 0]

Did you get the visa? If you did how many times did you apply? 

[TBoneTX 43,194]

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