F1 visa expired, but I am still here!

[Germangirl]

Hello,

I graduated in 06 and took on a job using my OPT after graduation, my OPT expired July 26th 2007! I am still here in the States, for a couple of reasons, first i didn't have the money to fly back to Germany and second I was hoping to continue my education somehow. I finally found a way to pay for tuition and I want to go back to school now, but my International Adviser told me he thinks that it is to late and even if I payed the $300 for reinstatement they probably will reject me! My Adviser has been wrong many times in the past, and is not even returning my calls, he really doesn't know much it seems and I wanted to make sure that this information was true! Is it really to late for me to go back to school since i have been out of status for so long? Is it true that if I would leave right now to go to Germany I will not be able to come back for 7 years? Any suggestions or advice would be greatly appreciated!!

[kitkat1]

Don't rely on an advisor for legal immigration advice. Do a consult with an immigration attorney to be sure you understand your options and potential issues.


http://travel.state.gov/visa/temp/types/types_1268.html#long

How long may I stay on my F-1 student visa?

When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:

F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.
M-1 student - An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status. Additional information on successfully maintaining your immigration status (http://www.ice.gov/sevis/sevisfactsheet.htm) while a student or exchange visitor can be found on the Immigration and Customs Enforcement (ICE) website.
Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas (http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html) to learn more. <LI class=MsoNormal>Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.
For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.