AOS Denied because of Student Visa Violation

[dongo1234 0]

Hello my wife and I was in the process of waiting for our I-485 to be approved and we received a letter saying it was denied because of a student visa violation.

I am a U.S citizen while my wife came from Korea on a student F-1 Visa.

She was attending private school on her F-1 in highschool, but then her family were in the process of changing their visas, so they decided to move to public school because they believe the visa was in process and would be situated by then. Turns out the lawyer they were talking to was a fraud and took their money and instead overstayed their visas. My wife is currently without a visa.

As we applied everything was fine, but we recently receive a denial notice about 1 year later, saying because of the terms of her student visa and that she attended public school for more than 12 months and did not pay a tuition that she would have to leave the country.

We have talked with lawyers but what they're saying seems like we would have to leave for 5 years and return in order to apply for the green card again.

We can appeal but what chances do we have that it would work? If there is any help or suggestion in this area it would be greatly appreciated.

To me it doesn't sound right that we would be denied just because my wife decided to attend public school. Please help us! Thank you!

[TBoneTX 45,288]

*** Thread moved from "AOS from WS&T Visas" main forum to the Case Progress subforum. ***

[Penguin_ie 5,993]

How old was your wife when the school thing happened? If she was a minor, under 18, things are different.

[dongo1234 0]

Hi, she was only 15. She came when she was 14 went to private school for a year and transferred to public school.

[NigeriaorBust 4,087]

She would most likely have to start by paying the tuition fees for her years in public school before this is over. It is similar to people that have used means tested medical benefits that must repay them before being allowed to immigrate. The overstay is usually forgiven for the spouse of a USC but the illegal use of public funds isn't.

[newacct 688]

It seems like they are saying she has an INA 212(a)(6)(G) ban. It says someone in F-1 status who violates the provisions in INA 214(m) are banned until they he/she "has been outside the United States for a continuous period of 5 years" after the violation. There is no immigrant waiver for this ban.

INA 214(m) says that someone in F-1 status:

A) cannot attend public elementary or middle school or public adult education program

B) cannot attend public secondary school (high school) unless 1) it was for an aggregate period of less than 12 months, and 2) you can show that you have reimbursed the cost of the education in full to the local education agency.

How long did she attend public high school in F-1 status totally? If it was less than 12 months, it seems that she can reimburse the school district for the costs and she won't have this ban. If it was more than 12 months, it doesn't seem like there is any way she can get out of this without spending 5 years continuously outside the US.

[Boiler 45,499]

Interesting, never come across this one before.

[dongo1234 0]

Yea so thats the issue we're having because she did attend public school for over 2 years. We've been asking people and they've been telling us its the first time they've ever heard of this. Even one of our lawyers said they've never seen a case like this before. Is the only solution to leave the country? If there no way to appeal this decision? They did give us 30 days to reply if there seems to be any kind of error over this decision. If we did reply what would be our chances?

As always thank you so much for your help!

[NigeriaorBust 4,087]

As stated there is no obvious path to waive the ban and it runs 5 years from when she leaves the US. I would head over to immigrate2us.net and ask around , they are the experts on problem immigration issues. Lets us know if you find any way around this.

[Boiler 45,499]

I2US would be a good source for Lawyers, but rarely do Students have need of waivers, pretty much unheard of.

[Leo7777 243]

This just shows the ridiculousness of our system that allows those who come into the country illegally to attend public school here free of cost, but does not offer the same to those who come here legally.

Just like the illegals can get driver's license in some states, but the immigrant spouses of US citizens have to jump through dozens of hoops to get and renew DL's.

[phant2044 0]

im in the same boat, so please update on this i really need to know