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please Mohan advise...or anyone who knows.

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  • please Mohan advise...or anyone who knows.

    A friend of mine was in the states on F1 visa valid for 6 years.she went back home to get married. When she came back after her wedding, she got arrested and deported at the port of entry. the INS officer told her that she wasn't a full time student so her visa f1 is no more valid.
    Now she is back to her country and her husband doesn't know how to bring her back. he is a usc.
    he is thinking of filing for her at her home country. since she was deported does she needs a waiver or no ? Please advise.

    thank you

  • #2
    A friend of mine was in the states on F1 visa valid for 6 years.she went back home to get married. When she came back after her wedding, she got arrested and deported at the port of entry. the INS officer told her that she wasn't a full time student so her visa f1 is no more valid.
    Now she is back to her country and her husband doesn't know how to bring her back. he is a usc.
    he is thinking of filing for her at her home country. since she was deported does she needs a waiver or no ? Please advise.

    thank you

    Comment


    • #3
      First of all, she have to know that when she got married to USC, her status already change as US spouse and also her visa suppose to change too. Thats the mistake she made at the airport. Specially when the POE said she is not a full time student, so they thought she misused her student visa. What she can do now is to file K3 (spousal visa) from her country. It will take about 6 months the fastest. Depends on the country. But ask her to check if the consular there do Consular Filing Processing (DCF). This process far much faster, sometimes it only take 2 - 3 months. Good luck.

      I'm not a lawyer, act accordingly.

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      • #4
        thks M2.
        Does she need a waiver or not ? SINCE she was under expedite deportation .

        thks

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        • #5
          ( first step) Her husband has to file a visa petition for her.
          After approval she will go for K visa, where she will be asked for Waiver, she might have five years bar because she was put on expidite removal.
          Its a discussion, not a legal advise..

          Comment


          • #6
            lonely:

            Just because she is married to USC, it doesn't mean that she must need to change her status, or that she is not allowed to enter into the U.S. in any other status [visa]. Millions of foreign nationals are married to USC and live abroad with their spouse, but they do come over here on tourist, student and other nonimmigrant visa, because immigrant visa is only required if someone has intention to live here permanently. So, marrying with the USC, doesn't automatically change someone's status, nor it is required to change.

            The reason she was denied entry because she has student visa and she was not full time student, as you know that INS now has access to ckeck every student's profile thru system. According to INS, she can not use student visa to visit & live here if she is not full time student. It is not clear that she was just refused entry or removed expeditely, but when you said that she was under expedite removal, then she is barred for five yr definitely.

            Now, her husband needs to file I-130 with Service Center and then file for K-3 visa, but she must need waiver, but she needs to file only when she is asked for that. And, if her husband wants her to have immigrant visa thru consulate, then he can file all those paper works for immigrant visa at Consulate at oversees, but she will still need waiver because of this deportation.

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            • #7
              thank you sammy and mohan And M2.

              When they came back her and her husband to usa, he got in but she was was refused the entry, she was detained and sent back home the next day...they did not let leave the airport..is this what you call an EXPEDITE REMOVAL ??

              when her husband will file for her k3 visa, how will the consulate in her home know about the removal ? They did not give her any paper or duplicate at the port of entry when she was refused the entry.

              Thank you so much for yr reply.

              Thank you so much for your assistance and information.

              Comment


              • #8
                sammy
                what do you mean by it depends if she was refused entry or removed expeditely ? WHAT's the difference ?

                Mohan , sammy , M2 or anyone who knows :
                what kind of waiver do you think she might need ?

                THANKS

                Comment


                • #9
                  lonely:

                  Refusing entry means- if she was forced to return back from port of entry when INS did not let her in even though she was holding a valid visa [F-1]. And, that is the situation in her case, so she doesn't need any waiver.

                  Expedited removal means if INS found you under violation of any immigration laws, then they will deport you without your right to defend yourself in a court of law.

                  Comment


                  • #10
                    Thanks sammy for yr reply.
                    Yes she was refused entry but she had a valid visa but the INS paid for her going back.
                    what about the fact of coming here with a visa student while she was maried to usc ?
                    Her intention was to come back here with her student visa then file here for adjustment of statut instead of doing it back home. is this a violation to the law ? DOES it need a waiver ?

                    Comment


                    • #11
                      lonely:

                      She can come here on any nonimmigrant visa such as F-1 even though she is married to a USC, so long she has valid visa and she will live up with the terms of its. But, I don't think that she would be able to get F-1 visa anymore, because INS and Consulate know now that she did not live up with the terms of F-1 visa previously, then why should they will believe on her second time around.

                      She doesn't need any waiver right now because she hasn't been deported, while she was refused entry only. It would be almost impossible for her to get any kind of nonimmigrant visa now anyhow, because- there is a question being asked on nonimmigrant visa application that "whether or not, do you have any relative [such as spouse also] in the U.S.", and she can not lie on it, otherwise she would be ended up in a big mess in the future, which could lead for her possible deportation and revocation of her green card/citizenship. But, if she tells the truth, then she won't be able to get visa anyhow, because of the presumption of 'immigrant intent' because her husband lives here, but if her husband lives at oversees, then no problem-because, then she can able to convince consulor that she has a reason to return back to her country after visit to U.S.

                      She can not use nonimmigrant visa [like F-1] for immigrant purpose. This is a clear violation of immigration laws. If INS ever finds out, then not only they will revoke her nonimmigrant visa, but also will deport her or will refuse entry to her at port of entry, as they did to her already.

                      Please don't ask the same question again and again. I have already told you that she doesn't need waiver.

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