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Friend out of I-20 status for 10 months-Advice!

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  • Friend out of I-20 status for 10 months-Advice!

    I have a friend who is here on a student visa. He has been out of status on his I-20 since December (since he hasn't taken classes since). He stopped going first due to ulcer/stomach problems. He went to the dr. in January and May (and a few other times due to ulcer). He has been trying to get back into college but obviously has had problems because of out of status I-20. He has a work visa so has been working full-time.

    It seems that his two options are to: get a lawyer and try to see if they can help.....Or return to Nepal and try to get a new Visa and current I-20. The second choice is less desireable as he would then lose working status and he believes it would be hard to return.

    Is it possible for a lawyer to help him? Or is his situation beyond hope and he now is facing deportation? He only has 22 credits left to finish one of his degrees, another 30 to finish second.

  • #2
    I have a friend who is here on a student visa. He has been out of status on his I-20 since December (since he hasn't taken classes since). He stopped going first due to ulcer/stomach problems. He went to the dr. in January and May (and a few other times due to ulcer). He has been trying to get back into college but obviously has had problems because of out of status I-20. He has a work visa so has been working full-time.

    It seems that his two options are to: get a lawyer and try to see if they can help.....Or return to Nepal and try to get a new Visa and current I-20. The second choice is less desireable as he would then lose working status and he believes it would be hard to return.

    Is it possible for a lawyer to help him? Or is his situation beyond hope and he now is facing deportation? He only has 22 credits left to finish one of his degrees, another 30 to finish second.

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    • #3
      My friend spoke to two lawyers today - neither offered any option or advice other than to go straight to the INS office and try to reinstate. They also told him to be aware that if he is rejected for reinstatement that he will have to be prepared to leave within ten days.

      Is there any advice anyone can give on this? Is there anything he can bring, do, show INS that will help his case for reinstatement of his I-20?

      Is there anything he can do, any options, so that he have a different choice than leaving in ten days?

      His I-20 is out of status, but his F1 Visa's date is not yet expired (not til next year in May) - although I do know that if the I-20 isn't current that his Visa doesn't hold water.

      Any help, advice ANYTHING would be appreciated.

      Side note: He and I have been dating for only a few months and he is real great guy and I want to see him accomplish his school goals. And I really, really don't want to have to have this relationship die such a horrible, dramatic death such as deportation. Argh.

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      • #4
        he has a work visa. so he has legal permission to stay in the us. If he wants to take classes and school -- he's already eligible so he doesn't even need an i-20.

        i'm surprised these "lawyers" didn't mention this.

        -= nav =-

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        • #5
          Sounds like it is not a work visa but a work permit, EAD or whatever. My understanding is that some are given to work on campus and some are given for on or off campus. I know I've read something on here about reinstating or adjusting or something on I-20. Isn't that something that he can do through the school, since he had health reasons for dropping out temporarily? I think there's something that school can do since his visa is still good but maybe someone else will post about it. What does his I-94 say?

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          • #6
            Nav - You are right, he has a work *permit*. (Sorry about my uneducated assumptions!) And his I-20 doesn't expire until May 2004. But his regular Visa is expired.

            Still Learning - I asked him to email me what his I-94 says. Curious - what could I-94 say that may help or what are information are you looking for?

            Does anyone know when his "overstay" day count starts?

            He has talked to the ISO at the school he was attending. They just told him to leave and come back to the U.S.

            He is now looking for an Indian lawyer from Philadelphia or New York (my friend is Nepalese) as he feels like he will have more luck finding an experienced lawyer there than here in Minnesota.

            Thank you for taking time to read and post. Blessings!

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