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D/S status question

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  • D/S status question

    greetings,

    I am wondering when a person has an I-94 stamped D/S and has not been notificed out of status, despite s/he no longer goes to school. Then, s/he left the US by his/her own. What would be the chance this person can applies a visa successfully again sometime later, say one or two years. Or would it be best s/he asked for a wavier while s/he is still here ?

    Thanks in advance for the helpful answers.

  • #2
    greetings,

    I am wondering when a person has an I-94 stamped D/S and has not been notificed out of status, despite s/he no longer goes to school. Then, s/he left the US by his/her own. What would be the chance this person can applies a visa successfully again sometime later, say one or two years. Or would it be best s/he asked for a wavier while s/he is still here ?

    Thanks in advance for the helpful answers.

    Comment


    • #3
      If you enter under D/S as a student you do not start to accumulate illegal presence with regards to qualifying for the 3 or 10 year bar until you are told you are illegally present by an immigration official or judge.

      HOWEVER, you are tracked in a database known as SEVIS. If you do not abide by the terms of your student status it will be noted in this database making it very hard to reenter in the future as a student.

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      • #4
        If you did not adhere to the terms of your visa...in this case remain in America without attending school...the SEVIS system will register that fact.

        Once a person is known to have violated the terms of their visa, the visa is automatically revoked.

        In this circumstance, I doubt that you would be issued another visa at this time.

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        • #5
          What about if school has been satisfied, but D/S bearing alien did not complete OPT?
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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          • #6
            During OPT the school still reports the student as valid in SEVIS.

            Comment


            • #7
              If that's correct then once the alien fails to meet the OPT requirements, school does not report valid in SEVIS, and then alien has difficulty gaining any visa in the future (not for just schooling purposes)?
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment


              • #8
                I am not sure what you mean by "OPT requirements".

                An offer of employment is not required for OPT as it is for CPT. The student though MUST apply for the OPT before they complete the course of study. SEVIS will not allow an OPT (application) entry after the completion date. there is no mechanism in place to make sure the
                student is working in their field of study.

                If the student does not apply for OPT when they are supposed to then SEVIS will list them as out of status 60 days after graduation.

                Since Consular officers can look at the SEVIS database I would imagine a negative record would hamper future visa applications.

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