Legal Question in Immigration Law in California

i have been living in california for two years on F1 visa. but my visa has expired in May2010. i contacted INS office in fresno for visa renewal. They say i don't need a new visa. I can stay here till i attend the school. My I-94 says D/S too. everything is okay. i understand it.

Now i am planning to go to india in end of july and want to come back before 15 august(because my semester will start). But if i travel out of state and go to india, will i need to give visa interview again? would i have to go threw every step again? if yes? i don't want too. any suggestion?

thank you

jeet.

extra information: i never worked here. i didn't break any immigration rule so far.


Asked on 6/28/10, 12:43 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, if your F-1 visa had expired, before returning to USA from vacation abroad, you will need to apply for a new F-1 visa. For the specifics, consult a webpage for the US Consulate in your home country where you plan to apply for a visa.

If you don't want to apply for a visa again, then you shall not travel abroad. If you choose to travel to your home country, you will be required to apply for a visa before coming back to USA.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 6/28/10, 9:55 am
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Since your F1 Visa has already expired, you will have to obtain a new visa at the US Embassy/Consulate if you leave the country. This includes attending the visa interview.

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Answered on 7/01/10, 12:43 pm


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