Case denial- please help!

[nachnam 9]

Hello everyone! I am trying to help a friend find answers and guidance on the below situation. Any thoughts or suggestions? Is there a way to appeal this as she was going through unforeseen circumstances? 

 

I  am in a difficult situation right now and I would really need someone's help . I will explain in short what's going on -:

 I was admitted to Texas Center for Infectious Disease due to a life threatening case of tuberculosis and was quarantined and treated  in the  hospital for 2.5 years due to this. While in hospital,  I graduated from University of Houston.

 

I intially came to the US on international student visa. In  February 2021,  I applied for my work permit. I sent my application to Immigration Office (USCIS). On May 20th 2021, they told me that my application was denied because I missed a deadline of application in December but I was in the hospital during this time still undergoing treatment.  I was released from hospital after the deadline passed. 

So I applied again in May 2021. This time I submitted documents to them, doctor's letter from the hospital, school advisor's letter and my cover letter explaining my situation that why I got delayed in application process - because I was sick and that hospital also had COVID restrictions. But on August 27th 2021 I found out that they denied my application again. The reason being same - I missed the deadline in December. It looks like from the denial notice that they did not consider or look at my supported documents. 

 

Now I cannot apply again. I have to either enroll in a new degree program all over again and then apply for work permit all over again. Or I have 60 days to leave the country. Those 60 days started already from August 27th. Another study program will take 4-5 years and about $100000. All of this because I missed the deadline. But I was totally out of control of my situation which caused the delay. It was not my fault. 

 

Before I got sick, I already had a job offer with an Oil and Gas company in Houston. But because I got sick and couldn't graduate in time, I had to let go of that job offer. Now without the work permit a company cannot hire me. 

 

My only hope of getting the permit is if a Senator or Congressman can ask USCIS to approve my permit based on my documented genuine medical ground - if they can grant me grace. 

 

Since I am in Texas, I think talking to Texas Senator and Congressman will help. 

 

A couple of my church friends are trying to get in touch with their offices but haven't heard anything helpful yet. 

This afternoon we heard back from Senator John Cornyn's office that since the decision is already made, and my application is not in processing, so they cannot make an inquiry on my case with USCIS. 

 

But my decision is based not on fair grounds.  Even when I was in hospital, I graduated with 3.9 gpa. I am capable of being an asset to a company in the US, if given a job. 

 

But I don't know what to do. I have not dealt with or heard of Congressman/Senator here so I do not know how that works. 

 

So if anyone can help me in this then please let me know. 

 

I have all the documents to support. 

 

Thank you. 

[Okboy 43]

5 minutes ago, nachnam said:

Hello everyone! I am trying to help a friend find answers and guidance on the below situation. Any thoughts or suggestions? Is there a way to appeal this as she was going through unforeseen circumstances? 

 

I  am in a difficult situation right now and I would really need someone's help . I will explain in short what's going on -:

 I was admitted to Texas Center for Infectious Disease due to a life threatening case of tuberculosis and was quarantined and treated  in the  hospital for 2.5 years due to this. While in hospital,  I graduated from University of Houston.

 

I intially came to the US on international student visa. In  February 2021,  I applied for my work permit. I sent my application to Immigration Office (USCIS). On May 20th 2021, they told me that my application was denied because I missed a deadline of application in December but I was in the hospital during this time still undergoing treatment.  I was released from hospital after the deadline passed. 

So I applied again in May 2021. This time I submitted documents to them, doctor's letter from the hospital, school advisor's letter and my cover letter explaining my situation that why I got delayed in application process - because I was sick and that hospital also had COVID restrictions. But on August 27th 2021 I found out that they denied my application again. The reason being same - I missed the deadline in December. It looks like from the denial notice that they did not consider or look at my supported documents. 

 

Now I cannot apply again. I have to either enroll in a new degree program all over again and then apply for work permit all over again. Or I have 60 days to leave the country. Those 60 days started already from August 27th. Another study program will take 4-5 years and about $100000. All of this because I missed the deadline. But I was totally out of control of my situation which caused the delay. It was not my fault. 

 

Before I got sick, I already had a job offer with an Oil and Gas company in Houston. But because I got sick and couldn't graduate in time, I had to let go of that job offer. Now without the work permit a company cannot hire me. 

 

My only hope of getting the permit is if a Senator or Congressman can ask USCIS to approve my permit based on my documented genuine medical ground - if they can grant me grace. 

 

Since I am in Texas, I think talking to Texas Senator and Congressman will help. 

 

A couple of my church friends are trying to get in touch with their offices but haven't heard anything helpful yet. 

This afternoon we heard back from Senator John Cornyn's office that since the decision is already made, and my application is not in processing, so they cannot make an inquiry on my case with USCIS. 

 

But my decision is based not on fair grounds.  Even when I was in hospital, I graduated with 3.9 gpa. I am capable of being an asset to a company in the US, if given a job. 

 

But I don't know what to do. I have not dealt with or heard of Congressman/Senator here so I do not know how that works. 

 

So if anyone can help me in this then please let me know. 

 

I have all the documents to support. 

 

Thank you. 

I think you may need a lawyer for this. Good luck.

[Allaboutwaiting 2,480]

She might be able to file a motion to reopen or reconsider -form I-290B-, but an immigration lawyer is needed.

 

Not sure how likely it is for the motion to be successful as they could argue that if she graduated while at the hospital, she could have filed on time.

[Wuozopo 4,285]

Her argument sounds dodgy.  She couldn’t fill out a work permit application  because she was so sick, yet she managed to do all of the class work to graduate from UofH with a 3.9 while she was so sick. AND instead of going with the sick documentation, she seems to have informed USCIS about graduating and thus no longer a student. (She said she included a letter from her counselor.)  A company will have to sponsor her for a work visa whether she is present in the US or back in her home country. Student visas have restrictions on where one can work..campus jobs, right?  So how is applying for her student work permit going to allow her to stay in the US in permanent employment with an oil company?
 

Maybe I am just not following the plot about what she was applying for. Was it OPT? Why was it due in December?  What triggered the due date? Can you explain better than she did?

Edited September 27, 2021 by Wuozopo

[SusieQQQ 11,584]

3 hours ago, Allaboutwaiting said:

Not sure how likely it is for the motion to be successful as they could argue that if she graduated while at the hospital, she could have filed on time.

My thought too. 

[milimelo 4,169]

Since she’s that successful student shouldn’t have problems going back home, getting an employer to sponsor her on a work visa and returning after consular processing. 

[SusieQQQ 11,584]

1 hour ago, Wuozopo said:

Was it OPT?

I’m assuming this?

 

it’s also all very dramatic to say she’d need to spend another $100k on a whole new degree to apply again. In fact I’d say it’s a totally illogical response for the goal of a short term post graduation work permit. She can go back home and a would be employer can apply for a work visa for her. 

Edited September 27, 2021 by SusieQQQ

[African Zealot 1,452]

In my estimation your chances are slim and none and slim is unmotivated. You’re not a citizen or permanent resident or applying for such or an immigrant petition. You will be very low on the totem pole of any senator or congressman.
 

Prepare to return to your home country to practice with the degree you have earned. Good luck!

[arken 4,197]

I feel sorry for her but i don't think there is any path for any nonimmigrant status now in the US. 
 

If they didn't approve her OPT application because she didn't file by Dec, that means Dec was the end of her 60 day grace period after graduation(after i-20 program finish date). That would mean she has remained out of status since Jan. Her OPT applications didn't give her authorized stay while pending since she applied for them after being out of status. Any non immigrant applications or petitions with uscis will be fruitless.

 

Any medical conditions affecting F1 status are generally handled by ISO of the school. If classes can't be taken due to hospitalization, ISO will update SEVIS accordingly and uscis will provide a medical break for up to given months so F1 status isn't violated.

 

Here it seems all was done smoothly even while hospitalized till graduation. For uscis, the F1 student graduated, didn't apply for OPT on time (up to 90 days before graduation and up to 60 days after graduation). It should have been well communicated with ISO on time regarding her intent to do OPT, they would have guided her to apply for it on time. Now it's all over.

 

 

[Rocio0010 5,560]

1. Ask your friend to create an account here by themselves. It will help them a lot to talk directly to people instead of asking someone else to post on their behalf.

2. OPTs have a 60 day grace period to apply after graduation. If she didn’t apply by December it means she was out of status is forgiven for spouses of USC. Not for international students. 
2. Her condition was so bad that she had to be hospitalized. Yet she could still graduate, but not file? I don’t see why she wouldn’t be able to fill out paperwork while she was in hospital, given that she could graduate. Something doesn’t add up. In addition , if her health was so bad, the international officer should have updated her SEVIS record and given her a break from school without violating her status. Again, something is not quite right.

[SusieQQQ 11,584]

She also needs to clarify if she is overstay and by how much. This will possibly affect whether she is in fact able to get another non immigrant visa, whether a work visa or her crazy plan to do another degree all over again. 

[aaron2020 11,651]

Sorry, your friend has no path to OPT.  

She had 90 days before graduation and 60 days after graduation to apply for OPT.  She failed to apply during those 5 months.  During this time, she was able to take classes and finals to graduate.  Didn't seem like her medical condition prevented her from finishing school.

 

There is no medical excuse for failing to meet a deadline that she had 5 months to complete.

 

Your friend is filing frivolous OPT applications.  Her 60 days grace period happened after she graduated.  It doesn't get stretched with each failed OPT application. 

 

[Crazy Cat 39,194]

Sometimes, we should be thankful for the good things we are given in life such as receiving good medical care and recovering from a serious illness.  

[Coco8 1,039]

This is just bizarre 

 

Quote

Now I cannot apply again. I have to either enroll in a new degree program all over again and then apply for work permit all over again.

 

It seems like studying is a path to work visa. This is VERY wrong. 

 

Also, if she actually did have a job offer, they could have done a H1B visa for her and they could potentially do one for her in the future (not now, because the quota was filled for 2021). 

 

Also, it is relatively easy to postpone graduation if someone is sick. You just get a leave for health reasons. And I haven't heard of anyone having to be quarantined for 2.5 YEARS for TB. Usually the period of quarantine is like 2 weeks or a couple of months at most. Not 2.5 YEARS. She could have requested that some classes were Incomplete (per health reasons) and postpone her graduation. Again, I see no possibility of exception because this was just poor planning from her part.

 

Also, it is mandatory to get tested for TB if you are a foreign student, so I don't understand how they got TB.

 

I recommend that she leave, because if she get she get a ban for overstaying, she is going to be in real trouble.

 

 

Edited September 27, 2021 by Coco8

[SalishSea 16,750]

15 hours ago, nachnam said:

Hello everyone! I am trying to help a friend find answers and guidance on the below situation. Any thoughts or suggestions? Is there a way to appeal this as she was going through unforeseen circumstances? 

 

I  am in a difficult situation right now and I would really need someone's help . I will explain in short what's going on -:

 I was admitted to Texas Center for Infectious Disease due to a life threatening case of tuberculosis and was quarantined and treated  in the  hospital for 2.5 years due to this. While in hospital,  I graduated from University of Houston.

 

I intially came to the US on international student visa. In  February 2021,  I applied for my work permit. I sent my application to Immigration Office (USCIS). On May 20th 2021, they told me that my application was denied because I missed a deadline of application in December but I was in the hospital during this time still undergoing treatment.  I was released from hospital after the deadline passed. 

So I applied again in May 2021. This time I submitted documents to them, doctor's letter from the hospital, school advisor's letter and my cover letter explaining my situation that why I got delayed in application process - because I was sick and that hospital also had COVID restrictions. But on August 27th 2021 I found out that they denied my application again. The reason being same - I missed the deadline in December. It looks like from the denial notice that they did not consider or look at my supported documents. 

 

Now I cannot apply again. I have to either enroll in a new degree program all over again and then apply for work permit all over again. Or I have 60 days to leave the country. Those 60 days started already from August 27th. Another study program will take 4-5 years and about $100000. All of this because I missed the deadline. But I was totally out of control of my situation which caused the delay. It was not my fault. 

 

Before I got sick, I already had a job offer with an Oil and Gas company in Houston. But because I got sick and couldn't graduate in time, I had to let go of that job offer. Now without the work permit a company cannot hire me. 

 

My only hope of getting the permit is if a Senator or Congressman can ask USCIS to approve my permit based on my documented genuine medical ground - if they can grant me grace. 

 

Since I am in Texas, I think talking to Texas Senator and Congressman will help. 

 

A couple of my church friends are trying to get in touch with their offices but haven't heard anything helpful yet. 

This afternoon we heard back from Senator John Cornyn's office that since the decision is already made, and my application is not in processing, so they cannot make an inquiry on my case with USCIS. 

 

But my decision is based not on fair grounds.  Even when I was in hospital, I graduated with 3.9 gpa. I am capable of being an asset to a company in the US, if given a job. 

 

But I don't know what to do. I have not dealt with or heard of Congressman/Senator here so I do not know how that works. 

 

So if anyone can help me in this then please let me know. 

 

I have all the documents to support. 

 

Thank you. 

There is NO WAY that person was in the hospital for 2.5 years.

 Something is very off about this entire story.

 

Edited September 27, 2021 by Jorgedig