immigrationQuestion.com
Posted 6 months ago
Mirela Bregu
Answered 6 months ago
Hey,
The general rule is that USCIS allows F1 reinstatement if you're out of status for less than 5 months, but in some cases, they do make exceptions beyond that if you can show that the delay was due to exceptional circumstances.
Since you're over the 5-month mark, your case becomes riskier.
That said, if you can document why you couldn’t apply earlier like serious financial hardship or personal health/family issues and show that you're now ready to resume full-time study, you might still have a chance.
However, you'll just keep your fingers crossed because approval in this case is not guaranteed.
Best of luck.
Brynhild Jensen
Answered 6 months ago
You might still be eligible for reinstatement if you can demonstrate that your status was terminated due to circumstances beyond your control and you've been pursuing a valid reason to return to school, but consulting an immigration attorney is highly recommended.
Chloe Morgan
Answered 6 months ago
Reinstatement is possible but uncertain after 6 months out of status; it's crucial to consult with an immigration lawyer to assess your specific situation and determine the best course of action, including potential risks and alternatives like departing the US and reapplying
Aadesh Chandekar
Answered 6 months ago
like earlier responses have rightly said... it's not looking so great right now.
At 6 months out of status, USCIS is likely to deny a reinstatement request. You’re past the 5-month limit, and they’re pretty strict. If they deny, that will be unlawful presence, and once it hits 180 days, you could face a 3-year bar if you leave the U.S.
I believe it may be safe to leave now if you haven't hit the 180 days bar. then apply for a new F1 visa from your home country, and come back.
That may work if consulates still don't see you as a violator.