Immigration Issues/reinstatement by travel
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.
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.