sandrakis

hello. im an international student with f1 visa. i stopped taking classes due to my fathers illness which distracted me from school and was out of status for 7 months. i left the country and tried to re enter on the visa waiver program but was denied entry. i was not given a ban and was told to reapply for a new f1 visa. what are my chances of getting this visa? HELP NEEDED VISA APPOINTMENT APPROACHING!!

Pulaski

If you overstayed by even one day you can never use the VWP again.

I don't see why you wouldn't get another visa, but then if you don't apply there is zero chance of you getting a visa.

tom169

Assuming you've overstayed by over 180 days, wouldn't that have automatically triggered a 3 year ban?

sandrakis

thanks for that response. my interview is on friday

sandrakis

apparently the ban does not apply to international students until deportation papers are sent

Rete

F1 are admitted under D/S which is stamped in your passport = duration of status and the rules regarding overstay are a bit different.

I would do a search of the forums for this by Mr. Folinskyinla who spoke about this ad naseum in the past.

Are you going to the US Consulate for a new F1? Have you spoken with an attorney? What was stamped in your passport when you were denied entry?

sandrakis

yes im going for a new f1 visa. They stamped a big CANCELLED on my current visa and i was told to apply for a new one. I have seen an attorney but he said it will takes months to get a hold of my case. i will definitely be looking for his posts on here because i need as much advice as possible going in for this interview.

Rete

Cancelled means they cancelled your old F1 student visa. Not a biggie. I'm assuming you told the agent you were entering the US to return to school. If that is the case, that is why you were denied entry because your F1 was voided when you failed to continue attending classes. The school most likely cancelled advised the authorities that you were no longer a student at the college/university.

Doubt you will have much of a problem obtaining a new F1 as long as you have the appropriate paperwork from the college, can show the funds to continue your schooling, etc.

Pulaski

"S Folinsky" is in LA. ..... Rete's post is missing a couple of spaces.

Rete

No, I'm not missing any spaces or letters.

His username is Folinskyinla His first name is Stuart. His surname is Folinsky and his practice / residence is in LA.

materialcontroller

I believe Folinskyinla was his original username/profile (possibly while he was still practicing law).

He adopted the new profile S Folinsky sometime later.

Rete

His posts regarding student visas and D/S should be under the name I've given.

Frankly, any posts from him after he was allowed to practice law again I rarely looked at.

Jerseygirl

Correct...http://britishexpats.com/forum/membe...nskyinla-4043/.

ian-mstm

Unlike most other visas, no - not for F-1 students. They are usually admitted D/S - duration of status. This means that so long as they comply with the terms of the visa, they can stay in the US indefinitely. For someone with D/S status, an overstay doesn't begin to accrue until they first come to the attention of US immigration... and that's when the clock starts.

Ian

ian-mstm

On the assumption that you have a current I-20, and proof of finances, your chances are pretty good.

Ian