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F-1 Visa and F-1 Reinstatement in San Jose

Student Visa Attorney in Silicon Valley

For students who hope to study in America, the F-1 visa is a popular choice. This visa allows international students to enter the United States in order to study at an accredited school. Hundreds of thousands of students use this to take advantage of the top educational opportunities available at United States schools. According to the State Department, 667,928 student visas were issued in 2015, a number that has grown every year.

How to Obtain an F-1 Visa

In order to obtain an F-1 visa, international students must do the following:

  1. They must first obtain a Form I-20, which is a certificate of eligibility issued by the school which they plan to attend.
  2. They must then go to the US consulate in their home country and submit the I-20 along with a non-immigrant visa immigration and other supporting documents.
  3. After obtaining the F-1 visa, the student can travel to the United States and apply at the border for admission.

Losing F-1 Status

Even after obtaining an F-1 visa and coming to the United States, students sometimes lose their status. This can happen for any number of reasons; perhaps the student failed to maintain a certain grade point average and was dismissed from their school, or reduced their course load without authorization, etc. In these situations, schools will revoke the students’ SEVIS authorization, resulting in a loss of F-1 status. These students have several options, depending on the facts of their case.

For some of these students, it may be best to leave the United States and apply for a new F-1 visa from their home country. In other situations, international students who have lost their F-1 status may decide to apply to have their status reinstated. In these cases, after consulting with an attorney, students would obtain admission to another school in the United States, who will issue them a new Form I-20. They should start attending this school while their reinstatement petition is being adjudicated by USCIS.

It is important to consult with a San Jose immigration attorney to determine the best course of action. Call for your consultation with our firm today.

Reinstating Your F-1 Visa

Under current regulation, found at 8 C.F.R. § 214.2, USCIS may grant a status reinstatement if certain requirements are met. In summary, the requirements are:

  1. The student has not been out of status for more than five months at the time of filing the reinstatement request, or the failure to file within the five-month period was the result of the exceptional circumstances and the student filed as soon as possible under those circumstances;
  2. The student does not have a record of repeated or willful violations of immigration regulations;
  3. The student is currently pursuing or intending to pursue a full course of study in the immediate future at the school which issued the Form I-20;
  4. The student has not engaged in any unauthorized employment;
  5. The student is not deportable on any grounds (other than failing to maintain F-1 status);
  6. The student can establish that either 1) the violation of status resulted from circumstances beyond the student’s control OR 2) the violation relates to a reduction in the student’s course load that would have been within a Designated School Official’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to you.

In order to maximize chances of success, students should consult with a San Jose immigration attorney to determine whether F-1 reinstatement is right for them, and for assistance in preparing a strong F-1 reinstatement application.

Get the Help You Need from Our Silicon Valley Immigration Firm

With extensive experience in the field of immigration, our attorneys at Verma Law Firm offer the aggressive, yet compassionate representation that you need. We know how the systems work and we will work personally with you to achieve your desired visa.

Get your questions answered and begin the process of F-1 visa reinstatement today!

Contact Verma Law Firm

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