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Old 05-20-2009, 11:33 AM
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Default Abandoned F1 reinstatement. Effect on future visa application.

I was an International Graduate student from Fall 2001-Fall 2005. I was out of status in Fall-2005 due to reduced course-load (due to health related issues) and hence filed for reinstatement in first week of November 2005. But later, due to personal reasons, I departed from U.S in 3rd week of November 2005 and came back to India. Now at the time of my departure from U.S, I did not have my I-94 with me as I had submitted it to USCIS along with other documents for the reinstatement process. I forwarded all my mail to a relative in U.S after my departure.
I received a Form I-72 (Notice of Deficiency), from INS, in January 2006, stating that I had to submit a letter from International Student office at my University, verifying that I was enrolled full time for Spring-2006.
I also received Form I-541 (Order of Denial), from INS, in September 2006 stating that my application for reinstatement was denied as additional evidence was not submitted and my application for reinstatement was therefore considered to be abandoned. It also stated the following – “As you have been denied student reinstatement, you are no longer authorized to remain in the United States and you are expected to depart immediately. At the time of departure you must surrender the Form I-94, “Arrival-Departure Record”, in accordance with the instructions on that form. If you fail to depart from the United States, a warrant for your arrest may be issued and proceedings may be commenced to remove you from the United States.”
I received my I-94 back from INS along with Form I-541 and I sent it, in October 2006, along with the appropriate documents, to the address given on the CBP website to record my departure from U.S.
Now I understand that departing the US while reinstatement in process is considered abandonment of the reinstatement application and also the mark in my immigration status as a result of the “out of status” situation will not be erased from my record. Is this true?

Now my main concern is how to answer the following questions when applying for a visa (U.S or any other country):
• “Has Your U.S. Visa Ever Been Cancelled or Revoked?”
(I guess I can answer “No” to this question. My F1 visa expired in July 2006, way before receiving the Form I-541 from the INS.)

• “Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?”
(Do I answer “Yes” as I was out of status, meaning I have violated terms of a U.S visa or “No”? Does being “out of status” mean I was unlawfully present in U.S?)

• “Have you been excluded from or asked to leave any country?”
(I was already out of the country before I received Form I-541. Do I have to answer “Yes” due to the order to leave U.S as stated in Form I-541 or will the order to leave U.S be nullified after my departure is duly updated in the CBP records?)

I would be very grateful if you can help me with my queries.

Thank You.
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Old 05-21-2009, 01:05 PM
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Now my main concern is how to answer the following questions when applying for a visa (U.S or any other country):
• “Has Your U.S. Visa Ever Been Cancelled or Revoked?”
(I guess I can answer “No” to this question. My F1 visa expired in July 2006, way before receiving the Form I-541 from the INS.) THE ANSWER IS NO

• “Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?”
(Do I answer “Yes” as I was out of status, meaning I have violated terms of a U.S visa or “No”? Does being “out of status” mean I was unlawfully present in U.S?) YES TO THIS ONE, AS YOU VIOLATED YOUR F-1 STATUS

• “Have you been excluded from or asked to leave any country?”
(I was already out of the country before I received Form I-541. Do I have to answer “Yes” due to the order to leave U.S as stated in Form I-541 or will the order to leave U.S be nullified after my departure is duly updated in the CBP records?) YOU WERE NOT EXCLUDED, NO ORDER OF REMOVAL OR DEPORTATION WAS ISSUED, YOU WERE ASKED TO LEAVE, I WOULD SAY YES WITH AN EXPLANATION.
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Old 05-22-2009, 04:52 AM
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Thank you very much for the reply.
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