F-1 Visa Reinstatement For Student with Lapse in Status

Applicant:  Wang
Occupation: Student
Nationality: Chinese
Application Category. F-1 student reinstatement status (F-1 reinstatement)

Introduction
1. Wang lost her student status for almost 5 months before she applied for reinstatement of her F-1 student status
2. has not attended three semesters of study
3. no regular income to sustain life
4. Loss of student status due to failure to take exams

On November 14, 2014, Wang, a student at the University of California, San Diego (UCSD), was notified that his F-1 student visa was revoked and his academic status was terminated because he did not take the school’s written exam. Even though the incident was caused by the school’s procedural error, Wang received little to no help from the school. Distraught, Wang contacted Tsang & Associates and drove from San Diego to meet with Joseph Tsang’s legal team. on April 4, 2015, we filed a petition for reinstatement of student status for Wang, and finally, Wang’s student status was approved for reinstatement on January 27, 2016.

Keys to Success

When Wang came to Tsang & Associates for an interview, we did a lot of work to find a reasonable basis. According to USCIS regulations, a student must prove that he or she applied for reinstatement within 5 months of losing student status. Wang received his notice on November 14, 2014, and therefore had to file his application by April 14, 2015. We helped him submit his application on April 4, 2015, to meet the deadline. In order to provide a basis for his reinstatement of student status, the law requires that the applicant must.
1. demonstrate that the loss of identity was caused by factors beyond their control.
2. is currently or is planning to complete a full course of study.
3. not having been involved in illegal working.
4. not be in violation of immigration law deportation regulations.

Mr. Zang said: The first and most important thing we can prove is that Wang’s loss of status was caused by factors beyond his own control. He lost his status because he didn’t take the exam, not because of illness or natural disaster. How to prove that the failure to take the exam was caused by factors beyond his control? This was a major challenge, and in the end, through personal statements and relevant evidence, it was proven that Wang missed the exam because the school did not notify him, and that if he had been notified through the correct process, he would have taken the exam.

Another challenge in this case was to prove that Wang “is currently or is planning to complete a full course of study in the near future” because he had missed 3 semesters of study and did not meet the full course of study requirement. In addition, we provided him with a sample written statement explaining his personal situation and his intention to continue his studies.
According to the regulations, we also need to prove that Wang did not work illegally while she was an F-1 student. Wang lost his status for five months, how did he maintain his expenses in the U.S. during that time? We were able to prove through bank statements that Wang’s mother provided sufficient funds for him.

After ensuring that the evidence was sufficient, Tsang & Associates filed an application for reinstatement of status for Wang. However, on September 22, 2015, he received a supplemental notice (RFE) requesting additional proof of school director and proof of his personal financial resources. After much effort, we quickly completed the supplemental documents in October.

Outcome

Wang’s case for reinstatement of F-1 student status was approved on January 27, 2016, four months after the application was submitted. Wang is very happy that his student status was reinstated and he is still able to continue his studies.