Re-entry to USA from Canada with violation of Status but reinstated while in USA.?
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Re-entry to USA from Canada with violation of Status but reinstated while in USA.?
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i have been going to school in US for 5 years now, 4 year ago i had a problem with school cause i was dropped from a class by mistake and when out of status. i had t apply for reinstatement, i asked some fiends and they told me to talk so some dude, his wife is an immigration lawyer. i went and talked to his but he asked me to work for him for couple weeks to cover one of his employees meanwhile he can talk to his wife and help me do reinstatement. However, things did not go right and i was picked up from his place working this after working only one day with him. i was put in removal procedure for working out of campus which i haven't had knowledge of at the time. All what i knew is that we can work during summer time after a year going to school in USA. i got my status back as F1 student 3 months later but i m still in the removal procedure until this day because the case is not closed yet. i went to talk to the immigration office about it and all what i got from them is that my case is not in the system but there is always this removal procedure thing because my reinstatement was from CSI and need to be approved by a immigration judge. i m still in my F1 status since then and never had any prob with school but i want to leave US for couple weeks to Canada but my visa just got expired 2 weeks ago. If I leave to Canada with my expired Visa, my I-20 and my I-94, can I come back under The Automatic Visa Reevaluation process or will I be refused the reentry to USA?
Thank you
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anonymouse
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You are wanting Automatic Re-validation. The source below is a non-gov't link to something called the Inspector's Field Manual. Basically it tells Immigraiton Inspector's, now called CBP Officers, how to apply the law.
See page 56 (of the IFM), 67 of the document, under special notes, capital letter F. That should answer your question.
You should be ok unless you apply for a visa while outside the US - by law, you cannot be readmitted if you apply for a visa and it is not issued.
The officers should be able to check their databases and verify your story about reinstatment. Just be sure to have all your documents in order. Don't forget to have your DSO sign your Sevis I-20 before you leave on your vacation. |
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neoplop
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If your deportation order is in the system, you will most likely not be allowed re-entry. Of course, everything is always at the discretion of the individual border agent. |
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