I entered the U.S. in F-1 student status to pursue a graduate program in mathematics; but, due to an oversight, I fell below the required full-time enrollment without asking for authorization from my DSO in my last semester. …16 May 2014
…When I contacted my DSO at the end of my study for a new I-20 with a recommendation for optional practical training (OPT), my DSO told me that I was out of status and ineligible for OPT authorization. I enrolled in a doctorate program of study in my field and applied for reinstatement. My reinstatement application was recently approved. I am traveling to my home country and need to apply for a new F-1 visa. Because my application for reinstatement was approved, does it mean that I can respond “no” to the question on the DS160 visa application form, which asks whether I ever violated the terms of my visa/status?
Unfortunately, even though your F-1 status was reinstated, there is likely to be a record of your prior status violation with DHS. The approval simply resumes your status after a period of a status violation. Therefore, you should disclose the previous status violation on your DS160 application and provide an explanation in the space provided. (16.May.2014)
Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in our firm. More information can be found in the student section of MurthyDotCom.
Access more FAQs here.
Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved