Hello there. Looking for some input or advice. Longggg post!
My niece was here on F1, fell out of status in June 2017 (for missing too many classes). She was advised by school to apply for reinstatement and not to leave during that..She applied for reinstatement in July 2017 and continue being a full time student, even in summer. Fast forward to May 2018, she got a RFE and school helped her with a letter of support. Fast forward to October 2018 her reinstatement got approved, school issued a new I-20.
In December she went home for Christmas and returned in January before classes. She was denied entry based on "unlawful presence ' and her visa was canceled, sent to a detention center for the night and sent home the next day. (I felt terrible she is only 19 )
So has anyone heard of anything like that?
I've read everywhere that you dont accrue unlawful presence if you apply for reinstatement within 4 months after falling out of status AND is approved.
School hasn't been very helpful. So we are trying to understand WHY. Maybe the school didn't do something they should have with her SEVIS.
We know she needs to apply for another visa but we need to be prepared before going to the embassy.
Any ideas, thoughts or suggestions?