Forum topics - Immigration lawyers and reinstatement

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27-Jun-2001 04:34 PM

Immigration lawyers and reinstatement

InTrouble

I have read some immigration lawyers sites who happen to deal with students also. There I have noticed that for reinstatement application, they suggest to see a lawyer before applying.

My question is how much this is necessary as some of youhave already done so (applied for reinstatement).

27-Jun-2001 07:36 PM

Re: Immigration lawyers and reinstatement

former DSO

I don't know the cost, but I believe I know the reason.

If you apply for a reinstatement and are denied, then the 180 day and 365 day "clocks" start for the three and ten year overstay bars.

Some advisors are telling people who are out of status to just to stay out of status until you're next trip home (in which case you can return on a new I-20 and be back in status, so long as you maintain a full course load, etc.) Exceptions would be for students who are about to graduate, since upon returning to the U.S. they'd have to be in-status for 9 months before being eligible to apply for OPT.

Also, if your advisor thinks you have a very good chance of being reinstated, they may be inclined to encourage you to apply. But if they think you've got a bad case to work with, they're likely to push you in the direction of a lawyer (as they don't want to feel that they've given you bad advice, should you ultimately be denied a reinstatement).

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