Never bite the hand that feeds you

What happens when you are on a student visa then your sponsor decides to discontinue supporting your education?

Sam came to the US on a student (F1) visa through a religious organization based here in the US. He was recruited by the group in order to be one of their pastors after he graduated from the seminary. They financed his education at a prominent theological school including tuition, board and lodging, meals, allowance, etc. During semestral breaks he was asked to help out in the activities of the church such as leading the weekly Bible services, cleaning and doing chores around the main headquarters, engaging the youth and whatever assignments the head pastor requested him to do.

There were also some short courses and educational classes he was required to attend that sought to supplement his education from the seminary. Sam resented this. He did not like the idea of not having a true break from school. He made known his displeasure of having to take additional classes when he is supposed to be on school vacation. He prefers to spend his free time visiting his relatives and visiting places around the country. There were times that he would sneak out of their motherhouse without asking permission from his superiors and had been seen to be increasingly disengaged in the tasks he was asked to do.

There were a number of discussions he had with the elders about his behavior and each time, Sam refused to understand why he was required to do so. To his surprise, the head pastor, upon the recommendation of the church board, decided to withdraw their support for Sam's education and notified the Designated Student Official of the seminary of this decision. The DSO had no other choice but to terminate his F1 status at the Student and Exchange Visitor Information System (SEVIS). By virtue of this termination, Sam was no longer in valid F1 status. What can he do now?

Sam has three options. First, as he is already out of status, he has to depart the US as soon as he can after the termination. If his F1 visa is still valid and unexpired, and if he wants to come back to the US under a different sponsoring organization, he may still be able to use that visa. He may have to start the process again, pay the fees, and undergo an interview at the consulate.

Second option for him is to apply for reinstatement through the USCIS. This is a very tricky and challenging way for him to regain his status as this relief is subjective and discretionary on the part of the USCIS officer. His application for reinstatement will be reviewed and scrutinized vigorously. He needs to coordinate with his DSO and an immigration attorney if he decides to pursue this route as there are a few factors to think about such as his financial support, any other status violations, willful failure on his part to maintain status in the first instance, processing time issues, future plans, and other important considerations.

Third option is the most dangerous choice. And that is to do nothing and remain in the US illegally. Sam risks deportation and possibility of not ever being allowed entry to the US. Actually, Sam mentioned that he could take this choice but was later on persuaded to change his mind due to the harsh effects of committing this very serious immigration offense.

Sam learned his lesson well. Never bite the hand that feeds you as you never know if you get slapped in the face or get fed with poison.

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