The Incredible Journey of an International Student: Overcoming Visa Challenges

The Incredible Journey of an International Student: Overcoming Visa Challenges

Table of Contents:

1. The Background Story of the International Student
2. The Complicated Visa Situation
3. Filing the Reinstatement Motion
4. USCIS Request for Evidence
5. Challenging the Request for Evidence
6. The Denial and the 901 Fee Issue
7. Filing a Motion to Reopen
8. Potential Consequences of Denial
9. Reopening the Case and Making the Payment
10. School's Inability to Assist
11. Filing Another Motion to Reopen
12. USCIS Approval and Closing Thoughts

The Background Story of the International Student

🎯 In this article, we will delve into the incredible journey of an international student who faced numerous challenges with their F1 visa status. Let's explore the twists and turns that eventually led to a successful reinstatement.

The Complicated Visa Situation

🎯 When the international student's F1 visa expired, they were unable to return to their home country and obtain a new visa due to certain circumstances. To add to the complexity, their visa status had already expired in 2020, and the reinstatement process was only initiated in March 2021.

Filing the Reinstatement Motion

🎯 The student enrolled in a school where an attorney was hired to file the reinstatement motion. After almost a year of waiting, in June 2022, USCIS finally issued a request for evidence, causing the student to seek alternative help.

USCIS Request for Evidence

🎯 Overwhelmed by the request for evidence, the student sought the assistance of a different attorney. The attorney prepared a comprehensive response, including supporting exhibits, addressing all key issues raised in the request for evidence.

Challenging the Request for Evidence

🎯 Despite the thorough response, the case faced a setback when it received a denial notice, primarily due to a failure to pay the 901 fee. However, the student was not at fault as the school had assured them that the fee had already been paid.

Filing a Motion to Reopen

🎯 Determined to rectify the situation, the attorney filed a motion to reopen the case, as a denial would have resulted in a year and a half of overstaying, leading to a ten-year bar. With a strong argument, the motion was successful, paving the way for the payment of the outstanding fee.

Potential Consequences of Denial

🎯 Had the motion to reopen been unsuccessful, the student would have faced severe consequences, including a lengthy ban from reentering the United States. The only exceptions would have been marriage or filing a waiver.

Reopening the Case and Making the Payment

🎯 After successfully reopening the case, the student promptly made the required payment. Additionally, they responded to the request for evidence with another comprehensive filing package.

School's Inability to Assist

🎯 Unfortunately, despite the progress made, the school's failure to open the necessary portal resulted in another denial. This setback required additional efforts to rectify the situation, including the filing of yet another motion to reopen.

Filing Another Motion to Reopen

🎯 Determined to secure a positive outcome, the attorney filed yet another motion to reopen, this time providing detailed explanations for the school's shortcomings. Finally, the case began to show progress.

USCIS Approval and Closing Thoughts

🎯 Miraculously, USCIS approved the motion to reopen, providing a sigh of relief for the student. The approval notice granted a valid status until January 2023, concluding a challenging two and a half year ordeal. It's crucial to address reinstatement, visa denials, and other related issues promptly to prevent unnecessary frustrations.

✨ Highlighted Features:

1. The intense journey of an international student seeking F1 visa reinstatement.
2. Overcoming challenges with the help of a legal team.
3. Battling USCIS requests for evidence and denials.
4. The importance of filing motions to reopen and the potential consequences of denial.
5. The role of the school in the process.
6. USCIS approval and the long-awaited happy ending.

💡 FAQ:

Q1. How long did the entire process of F1 visa reinstatement take? A1. The entire process took approximately two and a half years.

Q2. What were the potential consequences if the motion to reopen failed? A2. If the motion to reopen had failed, the student would have faced a ten-year bar from reentering the United States.

Q3. What role did the school play in the process? A3. The school's assistance was crucial in providing necessary documents and opening the required portal for the case.

Q4. What was the main reason for the denial? A4. The denial was primarily due to a failure to pay the 901 fee, which was the school's responsibility.

Q5. How did the attorney overcome the challenges faced in the case? A5. The attorney strategically navigated each setback, filing motions to reopen and addressing USCIS requirements effectively.