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kxm9228 · Sep 3, 2008, 11:53 PM

Hi everyone,

I am in dire need of advice ASAP. Below is an overview of my situation (sorry that it is kind of lengthy)

1997 came to the US on J-1 visa to study in high school (with 2yr residency requirement)
1998 got accepted to a community college for the fall semester on F-1
1998 was unable to start school, but started spring of 1999. I had my I-20 reinstated.

From then on I received my B.S. and MBA. I was twice on OPT. During the last OPT I was unemployed for more then 90days and therefore, my OPT expired on July 7, 2008 (90das + April 8th). I was told that I can stay legally in the country for 5months after that by my international student adviser.

I am currently waiting for my passport to get renewed so I can move to Canada. Now, my passport won't be ready until December/January 2008/2009 (hopefully). To stay legally in the country, I decided to go back to school (a community college) for the fall semester which started September 2, 2008. I did not apply for the spring semester because by the time it starts, I will be in the country for longer then 5months.

Now the big issue. Several days ago my car broke down. I was told by the mechanic that it needs brand new engine and right now I do not have the funds to pay for such a repair or get a new car. I have been trying to raise the money back home and here from my sponsors/friends but no luck. I am certain that by next semester and even in a month or so I will have the money to get the car. But as of now, there is NO WAY I can have the car running so I can commute to school.

I spoke to the international student adviser and she was really pushing that I use public transportation, which is going to be a major inconvenience. I live 40minute drive away from school. And taking the bus is going to take over 2 hours each way, plus I have to walk about 25 minutes to the bus station each way. Moreover, usually stay late in the university to study and come home late. Now, there is no direct route from my house to the university and I have to switch buses in downtown, which is a very unsafe area, especially in the middle of the night.

As imagined the adviser wasn't in favor of reinstatement. Now based on my situation, if I skip the fall semester, will I be able to reinstate my F-1 status in January when the spring semester starts? If say I was rejected, will I still be able to get a visitor visa for Canada while I am out status in the US?

Please help, I need to figure out what I want to do by Friday September 5, 2008.
Thanks in advance for any suggestions.

KM

lawanwadee · Sep 4, 2008, 11:53 AM

If you skip fall semester, your visa will be terminated and cannot be reinstated.. you must re-apply from your home country only. If you choose to stay in US, move close to school... or return to your home country and apply for a visa to Canada from there.

You can return home without a passport, simply contact your embassy and apply for emergency travel document.

kxm9228 · Sep 4, 2008, 12:13 PM

[QUOTE=lawanwadee]If you skip fall semester, your visa will be terminated and cannot be reinstated.. you must re-apply from your home country only. If you choose to stay in US, move close to school... or return to your home country and apply for a visa to Canada from there.

You can return home without a passport, simply contact your embassy and apply for emergency travel document.[/QUOT

Leaving the country is not an option. First of all, if I skip the fall semester, as I understand I will lose my legal status and my I-20 will no longer be valid, correct?

Second of all, if I go back to school in January, will I be able to go back to legal status? I was able to do this in 1998/1999.

Third of all, will the Canadian gov't give me visitor visa while I am out of status in the US?

lawanwadee · Sep 4, 2008, 12:45 PM

DHS established the SEVIS system and fully enforcing this system in 2003. If you are out of status for 5 months, you're finished.

If you are qualified to enter Canada on visa waiver program, you can do it even you're out of status in US, but if you must apply for visitor's visa, I don't think the consulate will issue a visa when you no longer have a valid I-20.

kxm9228 · Sep 4, 2008, 01:16 PM

Originally Posted by lawanwadee

DHS established the SEVIS system and fully enforcing this system in 2003. If you are out of status for 5 months, you're finished.

If you are qualified to enter Canada on visa waiver program, you can do it even you're out of status in US, but if you must apply for visitor's visa, I don't think the consulate will issue a visa when you no longer have a valid I-20.

Thank you for your prompt responses. I guess I have no choice but to go to school in the fall.