Legal Question in Immigration Law in Massachusetts

HELP WITH IMMIGRATION STATUS. Absence from university....

I came to the US under a F-1 Student Visa in 2000. I took a break from college last semester and I have stayed in this country since then.

I was adviced to leave within 3 months of absence from school. Due to personal reasons, I am currently still in the US after 10 months of absence.

Holding a Japanese passport, is it possible for me to go back to Japan and re-enter the US legally?

Is there a need to consult an attorney? How deep of a hole have a dug?


Asked on 11/16/04, 5:40 pm

1 Answer from Attorneys

Nelson Suit Law Office of Nelson Suit

Re: HELP WITH IMMIGRATION STATUS. Absence from university....

It is generally not good to be out of status for U.S. immigration purposes. In particular, if you are in unlawful status for a period exceeding 180 days and you depart the U.S., you could be barred from re-entering the U.S. for 3 years. A 10-year bar may be triggered if the period of unlawful presence is one year or more.

That said, there is a procedure for Reinstatement of F-1 status that may be applicable in certain circumstances - if you are intending to return to school and have not engaged in unauthorized employment. In your case, the length of your period of absence from school may be a problem - you will need to determine the exact period you have been out of status and be able to explain whether there are circumstances beyond your control that resulted in such lapse.

You should consult with an attorney to discuss whether reinstatement to F-1 status or other options may be possible in your particular circumstances. You may contact our office at 617-542-3333 if you wish to discuss further.

Disclaimer: Please note that the above is only for informational purposes. It does not create an attorney-client relationship. Proper legal advice can only be given after we have a signed engagement letter and we have discussed fully the facts in your particular case.

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Answered on 11/18/04, 11:07 pm


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