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Immigration Issues/reinstatement by travel

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Question
Mr.Krishnan
I am an international student who has fell out of status of 1.5 years due to miscommunication with the previous school.  Until recently, I applied one private institution, and international student consoler said if I want to back in status then the fast way is to get a new I-20, leave and reenter U.S.  My question is that do I have to get a new visa upon reenter even my current F-1 visa is valid???(until 12/18/2008) If I renew visa in my home country, will the US Embassy will detect I am 1.5 year out of status and refused to renew my visa?  (If I go to visa renewal, it is the 2nd time since I have attended school from 1999..all the way from 1 year language school, 3 year community college, 2 year from 4 year university, 1 year opt and 2 year master program)I really need legal advice from you and thanks so much for your answer.

Answer
Vivian,
Leaving the country and reentering after being out of status would be a risky venture in your case. Though you may not be subject to the 3-10 year bar your SEVIS records will be reviewed by the US consulate before issuing you a new F visa. I am not sure if the private institution will be able to issue you an I-20 since your SEVIS records maybe terminated.

I would advise you to contact an immigration attorney so that he can explore other options with you.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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