Expired visa??

Question

Im an international student and I've been here in the usa for 4 years now. Freshman year-senior year (high school). My i20 is going to exipre this week but i've applied for an extension but i'm not sure if they will allow me to get one since my visa expired over 2years ago. I spoke with an international student advisor at the college and she told me to go back to my country to renew my visa. I was told before that even though my visa expired i can still stay as long as my i20 allows me to stay. Is that true?

What are my chances of getting an extension? (it does not look good).

How long do i need to wait until i get the new i20?

Can the college refuse to let me get an extension even though they have accpeted me?

Please if anyone knows anything about this!

thanks if advance.

*i do not wish to stay here illegally and will leave if i can't get an extension.

Answer 1

You might not need an extension. You were admitted to the U. S. for "duration of status", which is defined as:

The time during which you are pursuing a full course of study and making normal progress toward completing that program, plus the time you may be working in authorized "practical training" after you complete studies (if you qualify and are so authorized), plus 60 days to depart the country.

You may not need an extension, but if you do, then you may apply for an extension if:

You expect to exceed the time limitation indicated on the "expected completion of studies date" in Item #5 on your I-20, and you have continuously maintained lawful F-1 status, and the delay in completing program requirements has been caused by compelling academic reasons (such as changes of major field or research topics, or unexpected research problems), or compelling and documented medical reasons.

Delays in completing program requirements which are caused by academic probation or suspension are not acceptable reasons for extension of a program of study.

Answer 2

Your international student adviser appears to be a waste-of-space.

Your international student advisers advice about returning home to get a new visa is stupid and pointless, since to get a new visa or even a renewal, you will require a valid I-20. So it seems strange that your international adviser would state this to you.

Yes it is true, that you are still legal in the U.S. if you have a valid I-20, even though your F1 visa has expired.

You really should have applied for an extension at an earlier date, rather than leaving it to the last minute. As for how long it can take, well there is no answer, except how long is a piece of string. If they pull their figure out, they can issued you one within a few days.

It is unlikely that the school will refuse you an extension if you are in good academic standing, you have nearly completed your degree or that you are making gainful steps towards doing so, but yes, they can refuse you, if they so wish.

My advice, would be to seek a free, one-off consultation with an AILA approved lawyer as to your legal stand point, if they refuse the I-20, you could look into transferring to another school or even apply for OPT. An experienced AILA lawyer will give you your options.