As a F1 student on a student visa in the US, the student must always have a valid student visa during the duration of study.

The student can apply for reinstatement if she/he meet certain requirements such as:

• Failed to maintain the terms of his or her immigration status; therefore, a DSO terminated the record as a result.
• Will resume full-time study.
• Can prove eligibility for reinstatement according to F-1 or M-1 regulations.

Reinstatement Eligibility, Regulations and Policy Guidance

In general, to be eligible for reinstatement, the student must:

• Not be out of status for more than five months at the time of filing or show the exceptional circumstance that prevented filing in that time frame.
• Not have a record of repeated or willful violations of regulations.
• Not have worked without authorization.
• Be pursuing or intend to pursue a full course of study in the immediate future at your school.
• Not be deportable for any reason other than failing to maintain F-1 or M-1 status.
• Be able to show that:
  • Circumstances beyond the student’s control caused the status violation.
  • Student fell below a full course load for a reason the DSO could have used to authorize a reduced course load, and the student would experience extreme hardship, if the student fails to get reinstatement.
• Regulations for Reinstatement can be found on F-1 reinstatement: 8 CFR 214.2(f)(16).

If you need reinstatement, please contact the Law Office of Elizabeth Anu Lawrence, LLC. on 410.986.0088, 443.352.3201 or email us at infor@elawrencelaw.com for legal help.

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Beginning March 4, 2013, the United States Citizenship and Immigration Services (USCIS) instituted a new application procedure, the 1-601A Provisional Waiver, for certain individuals who would be subject to the three- or ten-year bars for having accrued unlawful presence when they depart the U.S. These applicants are able to file a provisional waiver of inadmissibility prior to leaving the U.S. for their consular interviews. The option to apply for the waiver before traveling abroad for a consular interview provides tremendous benefits to applicants. This process allows applicants with legal avenues to immigration status to avoid the risk of long-term family separation and uncertainty. 

The benefit of USCIS adjudicating the waiver in advance through this process, applicants avoid having to wait for adjudication of a waiver while abroad, and it allows them to avoid the risk of getting stuck outside the US if the waiver is denied. The provisional waiver is only a change in the administrative process, not a change in the law. This practice advisory will walk you through steps to determine if your client is eligible for the I-601A provisional waiver.

UPDATE: In August 2016, USCIS updated the I-601A Provisional Waiver process. Now, anyone who is statutorily eligible for a waiver of unlawful presence can use the I-601A process to waive the unlawful presence grounds of inadmissibility found at INA §212(a)(9)(B). The biggest change to the I-601A Provisional Waiver is the expansion to include applications from beneficiaries of all visa categories (not just those with U.S. citizen immediate relatives) who can show hardship 10 an LPR spouse or parent, in addition to U.S. citizen spouse or parent qualifying relatives. The applicant is still required to have an approved immigrant visa petition.

If you have questions regarding a I-601A waiver, please contact the Law Office of Elizabeth Anu Lawrence, LLC. on 443.352.3201. 

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When you visit the United States, it is very important that you know when you are allowed to remain. If you stay longer than your visa for any reason, you can face serious consequences. However, sometimes accidents and emergencies happen and you may be unable to leave in time. What happens if you stay longer than your visa allows?

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One of the immigration terms that you may encounter is Temporary Protected Status (TPS). Temporary Protected Status can only be granted through the Secretary of the Department of Homeland Security, and it is given to select foreign-born people who cannot safely go back to their homes for a variety of reasons. What is TPS, and could you be eligible for it?

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The vast majority of adults in America and around the world use some type of social media. While it can be a great way to help you connect with friends and family and have some fun, the things that you say on it can come back to haunt you later. Social media posts can be used in a variety of court cases, from divorce to child custody. Here is what you should know about the ways that social media could impact your immigration case.

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After you have obtained your US citizenship, you are generally able to maintain it for the rest of your life. However, in certain specific situations, the United States may choose to revoke your citizenship, or you might choose to give it up on your own. The denaturalization process involuntarily removes your US citizenship, while the renunciation process occurs if you choose to voluntarily give up your citizenship. How can naturalized citizens lose their citizenship?

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The citizenship application process can be lengthy, and the people reviewing and processing them are going through hundreds and thousands of similar applications. As a result, any issues with your application or mistakes when applying for citizenship can drastically delay your naturalization or even prevent it from happening at all. What are some of the most common mistakes, and how can you avoid them?

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Being charged with a felony can be frightening, and it’s even more concerning when you are subject to United States immigration laws. If you have received felony charges, it’s important to understand how it could impact your immigration status. Even if you have a green card, you may be subject to deportation if you violate US law. Here’s what you should know about felonies and deportation.

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In the United States, the process of applying for a green card after you are already in the country is known as an adjustment of status or AOS. This process allows you to remain in the United States during the application process, even if your visa is about to expire, until the green card is issued. What should you know about the process of applying for an AOS?

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While there are many different ways that people acquire green cards, one of the most popular options to become a permanent United States resident is family-based green cards. In fact, family-based green cards currently account for about 2/3 of all of the green cards that are given out every year. Current permanent residents and citizens can use these green cards as a way to unite with their family members. What should you know?

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