F1 violation leading to deniel of IR-1 visa ?

[stella1 0]

Can a violation of a non-immigrant status F1 visa(I-94 D/S, ) be considered a lawful reason to deny a IR-1 visa application ?By violation I mean-dropped out of school, but stayed in the USA for about an year.

P.S The violation is not determined by the USCUS, I assume it would be at the Consular level at the day of the Interview for IR-1 visa ....and if ruled "out of status" i can be inelligable to obtain a immigrant visa? Am i right or wrong thinking this way??

Please guys,help me ....

[mrs. wife! 3]

Can a violation of a non-immigrant status F1 visa(I-94 D/S, ) be considered a lawful reason to deny a IR-1 visa application ?By violation I mean-dropped out of school, but stayed in the USA for about an year.

P.S The violation is not determined by the USCUS, I assume it would be at the Consular level at the day of the Interview for IR-1 visa ....and if ruled "out of status" i can be inelligable to obtain a immigrant visa? Am i right or wrong thinking this way??

Please guys,help me ....

If you were in the US out of status for a year, you will face a 10 year ban. This ban may be waived, though. The US citizen will have to hire a lawyer and file a hardship waiver. Some consulates accept the waiver approved by interview, some don't. If that's the case you will have to attend the interview, get denied and then file for a waiver.

The waiver process takes about 6 months to be approved.

Good luck.

[stella1 0]

If you were in the US out of status for a year, you will face a 10 year ban. This ban may be waived, though. The US citizen will have to hire a lawyer and file a hardship waiver. Some consulates accept the waiver approved by interview, some don't. If that's the case you will have to attend the interview, get denied and then file for a waiver.

The waiver process takes about 6 months to be approved.

Good luck.

Thank you for your reply!

But I will dare to not agree with you about the 3/10 YearBan. Being "out of status"on F1 visa with I-94 D/S, dos not equal "overstayed visa". On this type of visa, you are "overstayed a visa" only if it is determined by the Immigration Judge, THe USCIS officers or Consular officers.And after such determination you have to leave the USA in a short period , or stay in the USA but the clock will start ticking "overstay".When you overstayed a visa you will face the 3/10 year bar,not becaouse "out of status".

[mrs. wife! 3]

Thank you for your reply!

But I will dare to not agree with you about the 3/10 YearBan. Being "out of status"on F1 visa with I-94 D/S, dos not equal "overstayed visa". On this type of visa, you are "overstayed a visa" only if it is determined by the Immigration Judge, THe USCIS officers or Consular officers.And after such determination you have to leave the USA in a short period , or stay in the USA but the clock will start ticking "overstay".When you overstayed a visa you will face the 3/10 year bar,not becaouse "out of status".

Well the information I always had is that if you are out of school they 'cancel' your DS and you start being out of status (doesn't matter if you have a valid I-94).

Some of my friends didn't attend school and the school reported to USCIS.

If it was like you said, everybody would apply for student visa and attend school for only a month, then drop it and stay in the US. It doesn't make sense. I'd consult with an immigration lawyer to make sure you won't have any surprise in the end of the road.

[stella1 0]

Well the information I always had is that if you are out of school they 'cancel' your DS and you start being out of status (doesn't matter if you have a valid I-94).

Some of my friends didn't attend school and the school reported to USCIS.

If it was like you said, everybody would apply for student visa and attend school for only a month, then drop it and stay in the US. It doesn't make sense. I'd consult with an immigration lawyer to make sure you won't have any surprise in the end of the road.

May be i will be denied a visa,may be you are right !

I just read cerafully the most recent FAM, which the Consular Officers used to interpritated INA.

Check it out

http://www.state.gov/documents/organization/87120.pdf

"For persons who have been admitted for duration of status (DOS) (as is

usually the case with aliens in A, G, F, J, and I visa status), unlawful

presence will not accrue unless an immigration officer or immigration

judge (IJ) finds a status violation in the context of a request for an

immigration benefit or a deportation proceeding. Therefore, your belief

that an alien violated his or her status in the United States is not, in itself,

sufficient for an INA 212(a)(9)(B) finding, unless the alien entered

without having been admitted or stayed beyond the Form I-94 specified

date. Otherwise, only a finding of violation of status by the DHS or an IJ

can cause a period of "unlawful presence" to begin."

[stella1 0]

Well the information I always had is that if you are out of school they 'cancel' your DS and you start being out of status (doesn't matter if you have a valid I-94).

Some of my friends didn't attend school and the school reported to USCIS.

If it was like you said, everybody would apply for student visa and attend school for only a month, then drop it and stay in the US. It doesn't make sense. I'd consult with an immigration lawyer to make sure you won't have any surprise in the end of the road.

Anyway !! Good luck to your visa journey ! Hope to get your visa in hand and be with person you love !!!

[mrs. wife! 3]

Anyway !! Good luck to your visa journey ! Hope to get your visa in hand and be with person you love !!!

Thanks! I hope you don't get denied! Talk to a lawyer and get things sorted out before the interview!

Good luck on your journey too!

[stella1 0]

Thanks! I hope you don't get denied! Talk to a lawyer and get things sorted out before the interview!

Good luck on your journey too!

I directly asked the Consular Officers dealing with Immigrants visias via email. He responded to my email saying that there is no overstayed as long as it is not determined by DHS or USCIS. His authority makes me believe it is a trustful and suffucient source for varifacation.

Well, it is true I have to wait till the Interview to be a 100 % sure.

[stella1 0]

Thanks! I hope you don't get denied! Talk to a lawyer and get things sorted out before the interview!

Good luck on your journey too!

Interview passed !! Visa APPROVED !!!

Just two questions ...less then one minute i sweered on Ds-230 !!

Godd luck to all of the rest !!!

God bless everybody !!!!

I directly asked the Consular Officers dealing with Immigrants visias via email. He responded to my email saying that there is no overstayed as long as it is not determined by DHS or USCIS. His authority makes me believe it is a trustful and suffucient source for varifacation.

Well, it is true I have to wait till the Interview to be a 100 % sure.

Visa APPROVED No lawyer !!!!

Edited March 21, 2010 by stella1

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