HELP with F1 status

[Boiler 43,619]

The only think I know for certain is that to get a Fi Visa is that you need to apply for one, usually at the Consulate where you live.

[Starkilla09 366]

Reinstatement is only possible if the status violation occurred less than 5 months so that option is out of the table. The only way your friend can gain a new F-1 status is by leaving the country and applying for a new F-1 visa overseas, and as you already know chances of getting one is almost impossible espercially with a 2 year status violation. Your friend can’t gain any other legal status without departing the U.S. unless he/she marries a U.S. citizen or gains asylum. 

[Arb123 39]

8 hours ago, Starkilla09 said:

Reinstatement is only possible if the status violation occurred less than 5 months so that option is out of the table. The only way your friend can gain a new F-1 status is by leaving the country and applying for a new F-1 visa overseas, and as you already know chances of getting one is almost impossible espercially with a 2 year status violation. Your friend can’t gain any other legal status without departing the U.S. unless he/she marries a U.S. citizen or gains asylum. 

Thanks for the reply! 

[teshah 33]

I will beg to differ with some opinions here. A student who has been out of status can apply for reinstatement within the US. My F1 student status was terminated in Oct 2012. I went against my school's advise of going back to my home country and applying from there. I applied for reinstatement on my own, without consulting a lawyer, while in the US in Nov 2013, more than a year of being out of status and I got my status reinstated. If you've been out of status for only one semester, then you are allowed to apply from within. Any period longer than that, you need to justify and prove your case. 

Edited March 2, 2018 by teshah

[Coco8 1,039]

6 hours ago, teshah said:

I will beg to differ with some opinions here. A student who has been out of status can apply for reinstatement within the US. My F1 student status was terminated in Oct 2012. I went against my school's advise of going back to my home country and applying from there. I applied for reinstatement on my own, without consulting a lawyer, while in the US in Nov 2013, more than a year of being out of status and I got my status reinstated. If you've been out of status for only one semester, then you are allowed to apply from within. Any period longer than that, you need to justify and prove your case. 

 

What was your reason? 

 

OP seemed to say it was because the friend could not pay tuition. I did specify in my answer that if there was a medical reason or something that was beyond this person's control, being reinstated was a possibility. But the reason seemed to be lack of funds.

 

 

[teshah 33]

16 hours ago, Coco8 said:

 

What was your reason? 

 

OP seemed to say it was because the friend could not pay tuition. I did specify in my answer that if there was a medical reason or something that was beyond this person's control, being reinstated was a possibility. But the reason seemed to be lack of funds.

 

 

Inability to pay tuition/lack of funds can also be deemed beyond one's control.  I should know because that was my sole reason  for being out of status.  I explained that in the letter I wrote to USCIS when I was applying for reinstatement; how that happened and also how my circumstances had changed and funds became available.  I should also add that since my school had refused to support my application from within the US,  they refused to give me a new I-20. I made a point of stating that in my letter.   I later got an RFE which was a letter I was to give to the international office compelling them to furnish me with one.  I reiterate, so long as one can justify/prove their case, anything is possible when it comes to reinstatement.  Extenuating circumstances can cover a whole load of things INCLUDING lack of funds.