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11-Jul-2002 01:48 AM
 Re: failed class.....do i need to go to US immigration?
Drifter
You really don't need to all those dirty tricks they play unless you are a DSO or Foreign Student Advisor yourself. Are you ?

11-Jul-2002 03:23 AM
 Re: failed class.....do i need to go to US immigration?
InTrouble
Me? DSO? heh, no way!!

01-Aug-2002 07:31 PM
 Re: failed class.....do i need to go to US immigration?
lin
Your advisor determines wether or not you have fallen out of status due to failing a course but they do not by any means have the final say in this matter- that would be the INS. The Phrase "Satisfactory Progress towards completion of Study" is left up to interpretation. WHen I was a DSO, this meant, to me, that the student made an effort (attended classes, attempted to do the homework/study for exams) to complete the class. If the student never attended class and as a result failed the course and consequently only recieved credit for less than full-time, then I would deem that student out of status and in need of a reinstatement.

In regards to reinstatement, I have never heard of students required to go into INS directly for an interview. The procedure is something that is handled by the DSO at your school and adjudicated by the district shools officer at the district INS office or airport. In my experience with reinstatements (over several hundred), I have never had one denied. Of course I never allowed a student to apply who was not eligible either (brazen work violations for instance).

If your DSO/FSA is incompetent- there is no need for you to go to INS for anything really when you are a student- then I would suggest talking to another DSO/FSA at the school. If they are all incompetent than its time to complain to their supervisor.

02-Aug-2002 03:23 PM
 Re: failed class.....do i need to go to US immigration?
Drifter
I can¡¦t help to notice the contradictions in your posting

What is the definition of ¡§Reinstatement¡§for you ? I believe you have to be out of status first before you get reinstated of status. How can you say ¡§they do not by any means have the final say in this matter- that would be the INS¡¨ while you (as a DSO) still decide whether a student¡¦s status shall be revoked in first place and later sent to INS for ¡§ Re-activation¡¨?

As to your statement about students not needing to go to INS office for Reinstatement.
No offense, but¡K I think your information is outdated!

02-Aug-2002 03:24 PM
 Re: failed class.....do i need to go to US immigration?
Drifter
I can¡¦t help to notice the contradictions in your posting

What is the definition of ¡§Reinstatement¡§for you ? I believe you have to be out of status first before you get reinstated of status. How can you say ¡§they do not by any means have the final say in this matter- that would be the INS¡¨ while you (as a DSO) still decide whether a student¡¦s status shall be revoked in first place and later sent to INS for ¡§ Re-activation¡¨?

As to your statement about students not needing to go to INS office for Reinstatement.
No offense, but¡K I think your information is outdated!

02-Aug-2002 04:00 PM
 Re: failed class.....do i need to go to US immigration?
Lin
This is probably not the place to go through the workings of the US Government, but in terms of who has the final say in someone's immigration status within the US, that would be left up to the INS(ultimately, it would be left up to the court systems when someone appeals an INS ruling). The FSA/DSO is the low man on the totem pole and his/her interpretations and decisions on any issue can be overturned by the INS- although it is true that the INS rarely gets involved.

As far as Reinstatements are concerned, of course you have to be considered out of status before you can be reinstated. Most often it is the DSO that determines this and requests that the student applies for a reinstatement. There is nothing in the regs, operating instructions for the INS or any other publication written by thrid parties (NAFSA for instance) that indicate a required interview with the district shools officer. In fact they are so busy that they probably wouldn't have time to meet with the students. Instead the student is required to write a letter to the officer explaining why the have fallen out of status pursuant to 8 CFR 214.2(f)(16). Now that being said, it may be that in your district the schools officer requires a personal interview but that would not mean that this would apply to all f1's in the US.

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