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Extension of an F-1 visa in the US?


narinka11

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Hi guys,

 

I hope somebody can help me.On May 25 I had my interview for an F-1 visa, and when I got my passport back, I noticed that my visa was valid from May 26, 2010 till May 24, 2011 even though I had August 19, 2010 as a start date and August 19, 2015 as an expiration date on my I-20. I personally wrote July 26, 2010 as an arrival date on my application knowing that I may arrive only within 30 days before the start of my studies. At first, I did not pay attention to that, because I have been living in Germany for the last 4 years, and they issue visas for 1 year and extend them afterwards in the local immigration offices. But then, I decided to drop an e-mail to the university officer and ask them. They told me also that the dates on my visa are creepy, but they have no control over this and I should write to the consulate about my concerns. I wrote an e-mail to them explaining my situation in detail. Here is the answer that I got:

 

Dear ..,

 

Thank you for your inquiry regarding visa regulations and travel to the United States.

 

In regards to your specific inquiry, we hope that the information provided below may prove to be of use:

 

9 FAM 41.61 N10 Period of Stay

 

9 FAM 41.61 N10.1 For F-1 Applicants

 

(CT:VISA-1373; 11-09-2009)

 

a. An alien entering as an F-1 student or granted a change to that classification is admitted or given an extension of stay for the duration of status. Duration of status means the time during which the student is pursuing a full course of study and any additional periods of authorized practical training, plus 60 days following completion of the course or practical training within which to depart. Since November 30, 1996, however, the duration of status of an F-1 student in a publicly funded secondary school cannot exceed an aggregate of 12 months schooling. (See 9 FAM 41.61 N11.)

 

We hope that we were able to be of assistance with this reply.

 

-----

I think not only me but the university officer also didn't understand what this answer meant, and I didn't even get any answer after forwarding this reply.

 

Now I read today in Yahoo answers that there are no Immigration/alien offices in the US where you can extend your visa. As long as one is in the US, this is no a problem. However, when one wants to leave US temporarily and return back, one needs to get a new visa. I am from Armenia, and it's a pretty long way from the US. My parents and I decided that we can meet each other in Europe and have a vacation there. Now with my crappy visa valid until May, I am sure I will not even be allowed to arrive in Europe, not even talking about returning back to the US. Is going back to home country the only possibility in this case? My concerns are 1) the US embassy in Armenia is notorious for rejecting visas, 2) If I want to have a vacation in Europe during summer I would have to fly all the way to Armenia, get my visa and fly to the Europe-it's gonna cost me a fortune! Would it be possible to get a Canadian visa, go over there for a vacation let's say during the spring break and apply for an extension of my visa in canada?

 

Thank you in advance!

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Hi Narinka,

 

I understand your situation. But don't worry because every problem has one perfect solution.

 

ok, As far as I know, you can travel back to your country or any country(If you have visa for that country) and come back to USA for 1 year( means up to your visa and/OR I20 time period). Just you need signed copy of your I 20 from your college and valid passport with stamp.

You can travel as many time you want within this time frame.

 

Second, getting Canada Visitor Visa from USA is too easy. For that ,you need valid status(F1 detail means I20 and letter from college) in USA and you valid passport.

 

Third, In USA they have USCIS offices in three place for VISA procesing, so you can apply for extension of your visa at specific center from them.

 

Here with, I am sending two website name, I hope it will help you.

 

USCIS Home Page (For US office -call them)

 

Student Visas - Forum Powered by Infopop (Any question regarding Visa and Stay in USA-- ask your question on blog)

 

I hope you will get proper information.

 

Thanks.

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I do not think you can get any visa within the USA, unless something has changed. If so, I would love to know about it. My understanding is that you can only receive a visa from a US embassy or consulate, and of course all US embassies and consulates are outside of the USA.

 

You can stay in the USA and continue your studies even though your visa has expired. That is not a problem. But you are correct, that you cannot enter the US on an expired visa. So if your visa has expired and you go to Europe, you will not be able to re-enter the USA. It is possible to apply for a visa at an embassy or consulate that is NOT your home country, but it is not normal. You need to present a reason for being allowed to do so. A common reason: "I am from country X, but I am a legal resident living in country Y. I would thus like to apply in country Y, instead of returning home to apply." For example, in your case, if you are a legal resident of Germany, you probably could apply for your US visa at the US embassy or consulate in Germany, instead of having to return home.

 

OK, so saying all that..... the Canada option is the best one for you. You will need to contact the US embassy in Canada to make an appointment for the visa interview explaining the reason and that you are not a Canadian citizen. The Embassy of the United States of America - Canada

 

However, it is not sure that you will be able to do that. You have no right to apply in Canada, it is just up to the embassy there. They can just as easily say no as yes.

 

United States Visa Appointment Reservation

 

Tino

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Thanks Tino for your reply, though it disappointed me even more. Currently I am a legal resident of Germany (that is why I basically could apply for my F-1 visa here in Munich), but once I leave for the US at the end of Jule, I will not be any more. I am pretty sure Canada will not allow me to come and renew my F-1 since I have no links with Canada. The only option is to go back to Armenia. The only thing that I could try to do is contact the university once again and explain the situation in more details - saying basically that because of a very tight schedule with the classes (which is true for the first two years) I might not be able to go back home, and in case I would like to participate in any conferences/workshops/summer schools outside of the USA, it will not be possible. I mean for a PhD student this is a serious matter. Probably I could convince them to call the US consulate in Munich and clarify the situation. The next thing that I could do is try to contact the US consulate in Armenia, and tell them the same thing (though I am pretty sure they will not promise me a visa for 5 years). Anything else anybody could advise?

But how is it when one wants to fly within US, but his/her visa has expired. Is it possible at all? Should I always carry the I-20 with me in order to prove that I am in the US for 5 years and not 1.

 

Thanks again in advance!

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I think you will probably be able to apply in Canada. I just want to point out that it is not sure.

 

I am surprised the consulate in Munich did not give you a five year visa. Perhaps if you can get your univeristy to contact them, that will be the best way.

 

A valid visa is needed only for entry to the USA. Once you are in the USA the validity of the visa does not matter. Once your are in the USA you must maintain the STATUS of your visa, regardless of the visa expiration. Thus, you can have a valid visa, but if you quit school you are out-of-status and must leave the USA, even though your visa is still good. And the opposite, if your visa expires, but you are still in school (in status) you are legally in the US, even though the visa is expired. Under US law (and it is the same in all countries I know of), visitors must keep their passport, visas, and related documents on their person at all times. The reality is people do not do this, but it is the law.

 

My suggestion is to make photocopies of your passport and all related docs, and store them safely at home. If anything is every lost, it is much easier to replace if you have a copy. When traveling within the US always have your passport and I-20 with you. Carrying your passport and I-20 around with you everyday is up to you. It is the law, but i can understand why you might not want to.

 

Tino

 

Tino

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Thanks a lot Tino for your reply.

Before making the university contact the U.S. consulate in Munich, I decided to write to the U.S. consulate in Yerevan and ask them for a piece of advice on this matter. It turned out that I was issued a one year visa because "that is the maximum length of visa validity we can issue to you. The maximum validity is determined by a reciprocity agreement between the Government of Armenia and the United States Government". Nice, very nice.. Our idiotic government could not think of something better than imposing a one year limit on any kind of U.S. visas. At least now I finally understood why I was issued a one year visa. Well, guys in the next 5 years, If I want to make a US- Mexico or US-Canada vacation, my route will be US-Armenia-US-Mexico or US-Armenia-US-Canada.

Anyways, thanks a ton for your assistance!

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Strange. But what can you do?

 

Brazil did something similar. The US requires a visa for all brazilian tourists. So the Brazil govt got upset, and said "OK, if USA requires a visa for our tourist, we will require the same for US citizens coming here. So US citizens going to Brazil have to go to the Brazilian consulate in-person and pay for a visa." Mainly it is just a pain in the butt for Americans. OK, it is fair. IT is reciprocal, the same for US and Brazlians...... But think about it, Brazil gets to show off some pride (if u do to us, we will do to you) at the expense of making it more annoying for Americans to come to Brazil for vacation. Just silly politics. But this is immigration law everywhere.

 

Tino

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  • 1 month later...
  • 1 month later...

We cannot renew our visa stamp in USA???

 

If we have valid I20 and want to come before 4-5 months of expiration of visa. We can do this?

 

 

I do not think you can get any visa within the USA, unless something has changed. If so, I would love to know about it. My understanding is that you can only receive a visa from a US embassy or consulate, and of course all US embassies and consulates are outside of the USA.

 

You can stay in the USA and continue your studies even though your visa has expired. That is not a problem. But you are correct, that you cannot enter the US on an expired visa. So if your visa has expired and you go to Europe, you will not be able to re-enter the USA. It is possible to apply for a visa at an embassy or consulate that is NOT your home country, but it is not normal. You need to present a reason for being allowed to do so. A common reason: "I am from country X, but I am a legal resident living in country Y. I would thus like to apply in country Y, instead of returning home to apply." For example, in your case, if you are a legal resident of Germany, you probably could apply for your US visa at the US embassy or consulate in Germany, instead of having to return home.

 

OK, so saying all that..... the Canada option is the best one for you. You will need to contact the US embassy in Canada to make an appointment for the visa interview explaining the reason and that you are not a Canadian citizen. The Embassy of the United States of America - Canada

 

However, it is not sure that you will be able to do that. You have no right to apply in Canada, it is just up to the embassy there. They can just as easily say no as yes.

 

United States Visa Appointment Reservation

 

Tino

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Thanks for the advice. I am very worried about my family and they need me back to my country and I dont know how to balance both studies and all these visa status maintaining. I am looking for all the aspects so how can I manage all stuffs. Hope your understand. I appreciate your response and time. Thanks
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