F-1 Reinstatment Approved while in Removal Proceedings – Herguan University – Indian Student

Case Conclusion Date: December 11, 2011

Outcome: Reinstatement to F-1 Status Approved, Removal Proceedings Terminated

Description:  Client was an Indian student who attended Herguan University.   While visiting his friends in Virginia, Immigration and Customs Enforcement (ICE) came to question his friends regarding their attendance at Tri-Valley University.  Client was questioned about his own status and he was a few days late returning for classes at Herguan University.  ICE questioned Client and put him in removal proceedings by issuing him a Notice to Appear in Immigration Court (NTA) for failing to maintain status due to being a week late for school.  The ICE officer told the Client he could not leave the Washington D.C. area and the Client’s delay in returning to school caused him to be terminated in the Student and Exchange Visitor Information System (SEVIS).

We filed an application for reinstatement late because by the time Client came to our office it was past the 150 day period to apply for reinstatement.  Client was provided different answers from several attorneys and was confused before he came to DC Metro Immigration Law PLLC.  Our firm explained that he could file late if he had a valid excuse and if it was beyond his control.  Due to the ICE officer’s order that the Client not leave the Washington D.C. area, and due to his removal proceedings, Client passed the 150 day mark for filing which was beyond the Client’s control.

We filed for reinstatement for the Client, and filed a motion to change venue to move his removal proceedings to an immigration court in California where his school was located, so he would not be forced to travel across the country to Virginia for his court hearings.  His reinstatement was approved by USCIS and our request for a late filing was accepted.  Subsequently, we filed a motion to terminate the Client’s removal proceedings with the immigration court in California and the motion was granted.  Client was back in F-1 status and continued his studies towards his degree.