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kxm9228
Sep 30, 2009, 11:57 AM
Hello,

I would appreciate any opinions on the matter. Thank you very much in advance.

I am an international student with F-1 visa. Moreover, my I-20 states that the program must be completed by 9/2/2010, I have 1 semester left to complete my degree requirements, my F-1 visa is expired, and my passport is good for like 3 years.

Here is the situation/timeline.
1) I started my current program at the university that has issued my a new I-20 in September 2008.
2) I studied Fall 2008, Spring 2009 Semesters.
3) During the summer 2009 I did not study and stayed in the US.
4) The fall semester at my college started September 8, 2009.
5) I registered full time.
6) Attended the 1st and 2nd week of classes.
7) On September 17, 2009 (Thursday), I entered Canada (visitor visa valid for 6months) for a long week-end in Toronto.
8) Over the week-end I really enjoyed my stay in Canada and decided to stay here for a month maybe even 2 to enjoy myself, maybe find employers in Canada.
9) On September 21, 2009 (Monday) I dropped the classes that I was registered for (I am still required to pay 50% of the tuition).
10) I was enjoying myself until yesterday, when it was brought to my attention that I may have issues reentering the US to finish my studies

I currently have my I-20 endorsed (3rd page) by international student adviser for attendance and good academic standing (signed June 6, 2009).

My reasoning to drop the class was that as long as I have:
a) a signed and endorsed I-20 which is valid until 9/2/2010
b) the ability to finish degree requirements by 9/2/2010
c) a valid foreign passport
d) an expired F-1 visa
e) maintained legal status in the US while there
f) maintained legal status in Canada during my visit
g) citizenship of Armenia (not on a special list)

That I will not require a new F-1 Visa to enter the US from Canada after I was absent from the US for 1-2 months.

What I found, while in Canada, is that this will generally be the case if you come back within 30 days of the day you live the US for Canada. Otherwise, one has to go back to their home country and apply for a new F-1 visa. Please correct me if I am wrong.
I contacted the international student adviser at my university and she mentioned that she kept my I-20 active (she probably did this before I dropped the classes).

Question:
Now, because I have dropped my classes, will I still be able to come back to the US with the expired F-1 visa within the 30days of my leave?

I wouldn't have a problem of going back home directly from Canada and applying for a new visa from ARmenina, but I have not been in Armenia for 9 years (due to the Military issue) and the visa interviewer may look at this strangely and not issue me a visa. Considering that I only have 1 semester to complete my degree before I return home, I much prefer to go to the US from Canada and not worry about applying for a new F-1 visa.

Thank you in advance and I do hope to hear back from you soon.

lawanwadee
Sep 30, 2009, 05:04 PM
When F-1 is expired, though I-20 is not, and you left US, you must apply for a new F-1.

kxm9228
Sep 30, 2009, 08:19 PM
When F-1 is expired, though I-20 is not, and you left US, you must apply for a new F-1.

The US Homeland Security website states that if you are absent from the US for less then 5 months, and have an active I-20, which I do (it has not been terminated by my school), then if everything else is in order, I can enter from Canada (granted that I have stayed in Canada all that time) within 30 days and will automatically revalidate the visa.

If it turns out that I do require a vise, I can get that at the US consulate here in Toronto, can't I?

Thanks

DCcityboy
Oct 2, 2009, 04:10 PM
Hello,

I would appreciate any opinions on the matter. Thank you very much in advance.

I am an international student with F-1 visa. Moreover, my I-20 states that the program must be completed by 9/2/2010, I have 1 semester left to complete my degree requirements, my F-1 visa is expired, and my passport is good for like 3 years.

Here is the situation/timeline.
1) I started my current program at the university that has issued my a new I-20 in September 2008.
2) I studied Fall 2008, Spring 2009 Semesters.
3) During the summer 2009 I did not study and stayed in the US.
4) The fall semester at my college started September 8, 2009.
5) I registered full time.
6) Attended the 1st and 2nd week of classes.
7) On September 17, 2009 (Thursday), I entered Canada (visitor visa valid for 6months) for a long week-end in Toronto.
8) Over the week-end I really enjoyed my stay in Canada and decided to stay here for a month maybe even 2 to enjoy myself, maybe find employers in Canada.
9) On September 21, 2009 (Monday) I dropped the classes that I was registered for (I am still required to pay 50% of the tuition).
10) I was enjoying myself until yesterday, when it was brought to my attention that I may have issues reentering the US to finish my studies

I currently have my I-20 endorsed (3rd page) by international student adviser for attendance and good academic standing (signed June 6, 2009).

My reasoning to drop the class was that as long as I have:
a) a signed and endorsed I-20 which is valid until 9/2/2010
b) the ability to finish degree requirements by 9/2/2010
c) a valid foreign passport
d) an expired F-1 visa
e) maintained legal status in the US while there
f) maintained legal status in Canada during my visit
g) citizenship of Armenia (not on a special list)

that I will not require a new F-1 Visa to enter the US from Canada after I was absent from the US for 1-2 months.

What I found, while in Canada, is that this will generally be the case if you come back within 30 days of the day you live the US for Canada. Otherwise, one has to go back to their home country and apply for a new F-1 visa. Please correct me if I am wrong.
I contacted the international student adviser at my university and she mentioned that she kept my I-20 active (she probably did this before I dropped the classes).

Question:
Now, because I have dropped my classes, will I still be able to come back to the US with the expired F-1 visa within the 30days of my leave?

I wouldn't have a problem of going back home directly from Canada and applying for a new visa from ARmenina, but I have not been in Armenia for 9 years (due to the Military issue) and the visa interviewer may look at this strangely and not issue me a visa. Considering that I only have 1 semester to complete my degree before I return home, I much prefer to go to the US from Canada and not worry about applying for a new F-1 visa.

Thank you in advance and I do hope to hear back from you soon.

Your status in the US was "D/S" for "duration of status". This means you are in valid immigration status as long as you are maintaining all requirements for your course of study. As you dropped classes, are no longer maintaining this course of study. You should check with the US consulate to see if they allow TCN applications for re-entry to the US. Goood luck.

kxm9228
Oct 2, 2009, 11:57 PM
Your status in the US was "D/S" for "duration of status". this means you are in valid immigration status as long as you are maintaining all requirements for your course of study. as you dropped classes, are no longer maintaining this course of study. You should check with the US consulate to see if they allow TCN applications for re-entry to the US. goood luck.

Well, after being held up on the border for 2 hours I was allowed to enter and the visa was revalidated. But it was some experience having to wait 1 hour before you are called in when everyone comes and goes in front of you. And once you are called in, being asked all kinds of questions going back 12 years by two officers is not something I would want to go through again.

The good thing is that my school offers late start classes starting next week. I guess I have to enroll to keep my status valid otherwise the adviser will terminate my I-20 and I have to try to reinstate it, which is not going to be pretty.

I do have one question. I have 7 classes left 22 credit hours. Under normal course load I would take 5 classes and leave the remaining 2 for the last semester. I have heard that the adviser can approve part-time enrollment in the last semester, but can they allow me to take 2 or 3 this semester (part time) and the rest in the last (full time)?
The reason I am asking is that I don't have to many options with the late start classes and I don't want to take courses that will not count towards my degree.

Thanks