Legal Question in Immigration Law in Georgia

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.

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

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Briefly, you will need to either obtain a reinstatement of a student status (if possible in your situation) OR go abroad and apply for a new student visa and be possibly subject to any inadmissibility grounds. Prior to departure, you shall consult with a knowledgeable immigration attorney and your college's International students advisor.

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

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 [@] . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 6/29/10, 1:11 pm

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