Georgia  |  Immigration Law

Legal Question

Asked on: 6/29/10, 8:59 am

I'm a current graduate student in a US college now. I was suspended from school for two quarters and now I can register for fall quarter class. My I20 expired since the day I got suspended, but I didn't leave US. Now the school told me I have to go back to my country to get a new I20 and visa.

I don't want to take the risk going back to my country to get a new visa because I have been staying in US for about 6 months without a valid I20 and my visa also expired in 2008. And I have a petit larceny misdemeanor convicted on May 19, 2010 in Virginia. I'm sentenced to 90 days in jail and suspended all 90 days. I will be on inactive probation for 1 year.

I know this conviction won't make it inadmissible to get a visa according to INA 212(a)(2)(A)(ii)(II) , but I have to minimize the risk. I will be not eligible to get the degree if I don't finish my study in five years according to my school's policy. Now I have already spent 3 years on my study.

My question is,

Is there any possibility or options that I don't leave US to get a new I20 and visa?

If departure is a must, can I go to a country other than my homeland to get a new visa?

If I can, which country is a best option?

Can I get a degree from school without a new I20 and Visa?

Thank you very much.

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