SUCCESSFUL MOTION TO REOPEN/SUPERVISORY REVIEW FOR REINSTATEMENT OF F-1 ACADEMIC STUDENT VISA

• Petitioner: Mr. Wong
• Occupation: Student
• Nationality: Chinese
• Applying for: Motion to Reopen Request/Supervisory Review
  o Reinstatement of F-1 Academic Student Visa
• Challenges:
  o Initial application for reinstatement had been denied by the immigration officer

Mr. Wong* first came to us for assistance in March of 2015 hoping that we could help him obtain reinstatement of his F-1 Academic Student Visa. He had been stripped of his visa in November of 2014 after failure to take a written examination he was required to take at the University of California, San Diego (UCSD). Even though the fault fell upon the university, Mr. Wong had his visa terminated and was not assisted by the university in regaining it. Desperate, Mr. Wong came to Tsang & Associates, driving up from San Diego to meet with our legal team. We helped Mr. Wong file his I-539 Application to Extend/Change Nonimmigrant Status in early April. However, after responding to a Request for Evidence from the United States Citizenship and Immigration Services (USCIS), Mr. Wong’s application was denied. Unwilling to accept this answer, we requested for a supervisory review free of charge to Mr. Wong which prompted a reversal of the decision; Mr. Wong’s F-1 reinstatement was approved.

Keys to Success

Once we received the initial denial from the USCIS on November 9, 2015, Mr. Wong was devastated. He had given up hope and was prepared to face the consequences. Without this F-1 reinstatement, Mr. Wong would have to abandon all the aspirations that he had begun to pursue at UCSD, completely leaving behind his planned career path. Moreover, Mr. Wong would be required by law to leave the United States as he was accruing unlawful status in the United States. This would mean that Mr. Wong would leave all the friends he had made, all the investments he had made in the states, and his time spent here would have been for naught. He would have to choose another path, having to return to China, or he would have to go through the long and tedious process of obtaining another I-20 after leaving the United States.

We knew that Mr. Wong’s life circumstances were in dire need of help. And we also were ready to assist even further when receiving this denial notice, as we knew that our client was indeed qualified. Not satisfied with the outcome, we proactively contacted the immigration agency asking for a more detailed explanation of why Mr. Wong was denied his student status. We requested a supervisory opinion and explained to the officer the details of the case. Thankfully, the immigration officer didn’t just send another explanation but rather reviewed the entire case again in its entirety. Through perseverance and determination, the decision regarding Mr. Wong’s case was reversed.

Outcome

Following this new review of the application, an approval notice was sent to us on January 27, 2016. Mr. Wong was overjoyed at this news, super thankful that he could continue to study in the United States and eventually graduate. Mr. Wong was now able to remain in the United States and at UCSD to pursue his dreams. We believe the reason for the initial denial was that USCIS was overworked and failed to read all of the documents we submitted.

*Name has been changed to protect client identity.