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Thread: F-1 violator applying for K-3/IV

  1. #1
    Hello, I was on F-1 visa in USA and fell out-of-status because I didn`t enroll 1 semester. My I-94 was stamped D/S. I was never pronounced "unlawfully present" by Immigration judge or USCIS. I left the USA. I am about to apply for K-3/IV since my husband (US citizen) petitioned for me. There is a 5-year bar for student visa violators (INA 212(a)(6)(G)...Do you think I`ll be denied K-3/IV visa based on being out-of-status. Will I get the 5-year bar? Am i elligible for waiver? Any advise would be welcomed.

  2. #2
    Hello, I was on F-1 visa in USA and fell out-of-status because I didn`t enroll 1 semester. My I-94 was stamped D/S. I was never pronounced "unlawfully present" by Immigration judge or USCIS. I left the USA. I am about to apply for K-3/IV since my husband (US citizen) petitioned for me. There is a 5-year bar for student visa violators (INA 212(a)(6)(G)...Do you think I`ll be denied K-3/IV visa based on being out-of-status. Will I get the 5-year bar? Am i elligible for waiver? Any advise would be welcomed.

  3. #3
    you didn't enroll in one or the first semester?

    Anyway, the way you wrote the post, I am guessing you know something about your position and D/S and being found in violation by IJ. From what I read, some consulates take a different stand on wheather there is a bar for a person that violated the terms of student visa or not, when a student is not formally "found guilty" in the US.

    A waiver for a bar is available to you.

  4. #4
    aneri, I read all of the laws on the matter, but i`m afraid not to decifer them the wrong way. I was enrolled and went to school, but at one point I didn`t enroll. That`s my violation. I know about the "formally found" in violation and I was wondering the fact that in the SEVIS records I was out-of-status...is this the same as formally found by USCIS or IJ?

  5. #5
    I forgot to mention that I recently called an immigration lawyer and he claimed(which seems rather unbelievable) that since my I-94 was stamped for D/S and no matter that I was out of school, I was still not considered in violation, neither "out-of-status" nor "unlawfully present". He asked me if I got any notifications from USCIS about my status, which I haven`t. Do you think he`s right?

    btw. Have you noticed the trend that a lot of immigration lawyers can be rather unhelpful and confuse you with wrong info?

  6. #6
    INA section 212(a)(6)(G) provides sanctions against foreign students who violate the provisions of section 214(l). Under section 212(a)(6)(G), a foreign student in F-1 status who attends:
    (1) a public elementary school; or

    (2) a publicly-funded adult education program; or

    (3) a public secondary school for more than 12 months or Without reimbursing the school for the unsubsidized cost of instruction,

    ...is excludable until he/she has been outside of the U.S. for a continuous period of five years after the date of the violation. (see 9 FAM 40.67.)

    For example, an F-1 holder who transferred from a private to a public adult education esl program would be barred from returning to the united states for five years. Similarly, a foreign student who was issued an F-1 visa for one year of public high school and who continued studying at the high school beyond the one-year limit would also be barred from returning for five years.

    It is important to keep in mind that not all student visa violations, and not all instances of illegal studies, are subject to section 212(a)(6)(g). The five-year bar is specifically limited to F-1 holders who violate the public school provisions of section 214(l). Thus, foreign students who are not subject to 214(l) are not subject to 212(a)(6)(g). For example, an alien who enters without inspection, or who enters on a b visa, and then attends public school without complying with the provisions of 214(l) is not subject to ina 212(a)(6)(g), because he/she was not in F-1 status and therefore was not subject to section 214(l) to begin with. In addition, as 214(l) does not apply to public school attendance in F-1 status prior to november 30, 1996, a student who began public school attendance prior to that date may continue attending after that date without becoming ineligible under INA 212(a)(6)(g).

    What would you make of that?

  7. #7
    Vinea: It is my understanding - although I don't know for a fact - that notification in the SEVIS system is the same as being found in violation of your status.

    That is the whole reason for the establishment of the SEVIS system.

  8. #8
    The is new law passed 2 years ago or less...

    And its fact ANY foreign student who has a Student Visa and does not attend school and does not enroll one way or the other has broken the agreenment and violated the law and is subject to deportation right away....

    The immigration lawyer you have spoken tomhas no knowledge and I bet everyhting on that.

    Immigration law changes almost monthly...and this Student Visa issue was a big thing after 9-11 since some of the terrorist came with a student visa and never attended schools or just for one year or so...You are subject right away for deportation and basically already looked for.Because INS does know and get reported if a foreign student isn't listed in the school she or he was suppose to be....

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