Deux motions pour réouvrir une seule réintégration F-1

Table of Contents

• 📚 Introduction
• 📚 Background
• 📚 Reinstatement of an F1 Visa
• 📚 Case Study: Joseph's Experience
  • 🔹 The Initial Problem
  • 🔹 Filing for Reinstatement
  • 🔹 Request for Evidence
  • 🔹 Denial and Motion to Reopen
  • 🔹 School's Mistake and Second Denial
  • 🔹 Another Motion to Reopen
  • 🔹 Successful Reopening and Approval
• 📚 Conclusion
• 📚 Resources (if applicable)
• 📚 FAQs

📚 Introduction

Being an international student in the United States can be a dream come true, but sometimes, unforeseen circumstances can put your legal status at risk. One such situation is when an F1 visa expires and the student is unable to return home to renew it. Reinstating an F1 visa requires a complicated process and legal expertise. In this article, we will delve into the intricate world of F1 visa reinstatement and discuss a real-life case study where Joseph, a managing partner at Sound Associates, successfully helped a student reinstate their F1 visa after years of struggle.

📚 Background

The F1 visa is a non-immigrant visa that allows foreign students to study in the United States. It provides a great opportunity for international students to pursue their education and gain valuable knowledge and skills. However, maintaining and renewing this visa can be a challenging task, especially when unexpected obstacles arise.

📚 Reinstatement of an F1 Visa

When an F1 visa expires, students are required to leave the United States and obtain a new visa in their home country. However, there are situations where going back to the home country is not feasible, and the only option is to reinstate the F1 visa through a complex legal process.

📚 Case Study: Joseph's Experience

🔹 The Initial Problem

Joseph, the managing partner at Sound Associates, encountered an international student who was facing a critical situation. The student's F1 visa had expired, and they were unable to return to their home country due to various circumstances. Complicating matters, the student had already overstayed their visa in the U.S, and their status had expired in 2020.

🔹 Filing for Reinstatement

The student had initially approached a school and hired an attorney to file for reinstatement. However, due to delays and miscommunications, the reinstatement application was not filed until March of 2021, almost a year after the status expiration. The case seemed complex, but Joseph and his team were determined to assist the student.

🔹 Request for Evidence

After months of waiting, in June 2022, a request for evidence (RFE) was issued by the United States Citizenship and Immigration Services (USCIS) regarding the reinstatement application. The student felt overwhelmed and sought guidance from the attorney who was assisting them initially. Unfortunately, the attorney could no longer handle the case, and the student had to look for alternative legal help.

🔹 Denial and Motion to Reopen

Upon reviewing the RFE, Joseph quickly realized that the denial was primarily due to a technicality regarding the payment of a fee. The school had informed the student that the fee was not required since it had been previously paid. Despite the strong arguments in favor of reinstatement, the denial notice was disheartening.

However, Joseph and his team empathized with the student's situation and decided to file a motion to reopen the case. They offered a significant discount, understanding that it was not the student's fault. With a well-prepared three-page attorney brief and supporting statements, the motion was filed in hopes of rectifying the situation.

🔹 School's Mistake and Second Denial

To their dismay, another denial was received. The school had failed to open the necessary portal, causing the application to be denied once again. Joseph had a conversation with the school, explaining the critical nature of the situation. Although reluctant, the school understood the gravity of their error and agreed to try again.

🔹 Another Motion to Reopen

With their fifth filing with USCIS, Joseph and his team prepared a much longer motion to reopen, listing all the reasons for the school's mistake and the client's struggle. Despite the school's refusal to provide a letter acknowledging their error, the team advocated on behalf of the student. Miraculously, USCIS opened the case, and the school finally fulfilled their responsibility in opening the portal.

🔹 Successful Reopening and Approval

The approval notice from USCIS arrived, bringing an end to a two-and-a-half-year ordeal for the student. The reinstatement was valid until January 2023, granting the student duration of status. They could now resume their studies, pursue Optional Practical Training (OPT), and eventually apply for an H1B visa. This case was challenging but had a happy ending, giving hope to other students facing similar struggles.

📚 Conclusion

The journey to reinstate an F1 visa can be perplexing and overwhelming, especially when unexpected complications arise. However, with the help of experienced legal professionals like Joseph and his team at Sound Associates, there is hope for a successful resolution. It is crucial for students in similar situations to seek proper guidance and support throughout the process to ensure the best possible outcome.

📚 FAQs

Q: Can I reinstate my expired F1 visa from within the United States? A: Yes, it is possible to reinstate an expired F1 visa from within the United States, but it requires a complex legal process and meeting specific eligibility criteria. It is advisable to consult with an immigration attorney for personalized advice.

Q: How long does the reinstatement process typically take? A: The reinstatement process timeline can vary depending on various factors such as USCIS workload and individual circumstances. It can take several months to over a year to complete the process successfully.

Q: What happens if my reinstatement application is denied? A: If your reinstatement application is denied, you have the option to file a motion to reopen the case. It is crucial to seek legal counsel to assess the reasons for denial and determine the best course of action.

Q: Can I study or work while my reinstatement application is pending? A: Generally, you will not be able to study or work while your reinstatement application is pending. It is important to consult with the Designated School Official (DSO) at your educational institution for guidance on maintaining your legal status during this time.

Q: Can Sound Associates help with other immigration-related issues? A: Yes, Sound Associates specializes in solving legal problems with creative solutions, including various immigration-related issues. Feel free to reach out to them for assistance with F1 visa reinstatement, visa denials, and more.

📚 Resources (if applicable)

• Sound Associates