Consent to reapply

[El Paso 0]

Hello, 

 

Do anyone know the process of "Consent to reapply" or "I212 waiver" process for a student who is deported from the US due to voilation of F1 status?
 

Please Advice.

Thank you

[SusieQQQ 11,587]

Your previous thread on this said you had consulted a lawyer about it? That certainly seems the best route to go.

 

That s

[El Paso 0]

21 hours ago, SusieQQQ said:

Your previous thread on this said you had consulted a lawyer about it? That certainly seems the best route to go.

 

That s

Yes, So I talked to a lawyer, and she said that, "

As we discussed in the consultation, the U.S. Embassy will find you inadmissible for five years due to the expedited removal order. At the visa interview, you will need to explain that you are requesting a Consent to Reapply for Admission into the United States after Expedited Removal.  You should have all your documentary evidence showing you meet the INA 214(b)(nonimmigrant intent) requirement and financial support for the F-1 visa itself, and further qualify for a Consent to Reapply to be excused from the 5-year bar.

The Embassy may deny your F-1 visa under INA 214(b) without even considering you for a Consent to Reapply. Otherwise, if it finds that you qualify for the F-1 visa - but for the 5-year bar -  it may accept your CTR for consideration. It will then take a few days/weeks to decide whether to recommend you for a CTR. If it recommends a CTR approval, it will forward your request to the U.S. Customs & Border Protection, Admissibility Review Office, for further review and a decision. If the CBP-ARO grants the CTR, it notifies the Embassy, which may then issue the visa. The Embassy will provide instructions on whether you just need to drop off your passport or appear for another visa interview. In the best-case scenario involving a CTR recommendation by the Embassy and review by CBP-ARO, the process normally takes at least 4 to 6 months.

 

A Representation/Fee Agreement is required for me to give you a list of documentary evidence and information to submit, as well as prepare the legal memorandum. I do not provide such work products unless you become a client who pays the fee for the scope of service involved. Without experienced counsel,  the probability of your getting the F-1 visa and CTR is much lower.

 

Good luck,"

[SusieQQQ 11,587]

Well, that looks like a pretty comprehensive response, not sure what else you think you might get here on VJ?

this is the kind of thing that generally needs attorney help so if you are trying to DIY without paying lawyer fees... good luck

to be honest it looks like you should be considering completing your studies elsewhere. I would personally think just the previous violation of visa terms would lead to another denial regardless of any issues about ban, waiver etc. 

Edited April 23, 2019 by SusieQQQ

[LizBan 0]

Let me know the progress of your case and any updates. I’m in the exact same situation and want to know if your CTR got recommended so I can apply for it myself. 

[jan22 3,056]

Even if you get your Consent to Reapply for the deportation/ removal approved (which is extremely doubtful, IMO), that doesnt get you a visa.  You would then need to have a consular officer decide you qualify for a new student visa, including over-coming 214b and meeting the financial requirements for the F1.  IF the CO does decide that you do qualify on the basic visa requirements (an almost non-existent chance, again, IMO), they would also need to determine if any other ineligibilities exist.  You would most likely also then be found ineligible under 212(a)(6)(G) -- student visa abuser -- for violating the conditions of your previous student visa.  That finding would make you inadmissible for 5 years from the date of the violation.  If it has been less than 5 years since your violation, no visa -- and there is no waiver available for a 212a6G finding.

 

I would recommend you save yourself a lot of time, money, and anxiety and find a school at home to attend.

Edited July 28, 2019 by jan22

[El Paso 0]

On 7/28/2019 at 8:33 AM, LizBan said:

Let me know the progress of your case and any updates. I’m in the exact same situation and want to know if your CTR got recommended so I can apply for it myself. 

When I planned to give interview. I ordered all the required paperworks. I ordered a new i20 for Spring 2020 because since these processes takes a lot of time(4-6 months). But when I tried to book interview in the first week of August, while filling the DS-160 form, due to some problem i couldn't book for visa interview for Fall 2019 because I have Spring 2020 i20. The Statement said-"F1 Applicants : Interview date scheduled should be  within 120 days  from the Start of the Program, and Not earlier." 
  
So, All I can do is wait for Spring 2020 interviews and give interview and ask them to speed up my processing to get completed in time. Then once the process is completed, they will give the decision.
Also, the interview is for "Consent to reapply" not for visa interview.

When I talked to lawyers(who were previously visa consuler), they  told me that they have records of getting approved CTR. so, good luck. let me know your progress.

[El Paso 0]

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Edited August 19, 2019 by El Paso

[El Paso 0]

On 7/29/2019 at 1:21 AM, jan22 said:

Even if you get your Consent to Reapply for the deportation/ removal approved (which is extremely doubtful, IMO), that doesnt get you a visa.  You would then need to have a consular officer decide you qualify for a new student visa, including over-coming 214b and meeting the financial requirements for the F1.  IF the CO does decide that you do qualify on the basic visa requirements (an almost non-existent chance, again, IMO), they would also need to determine if any other ineligibilities exist.  You would most likely also then be found ineligible under 212(a)(6)(G) -- student visa abuser -- for violating the conditions of your previous student visa.  That finding would make you inadmissible for 5 years from the date of the violation.  If it has been less than 5 years since your violation, no visa -- and there is no waiver available for a 212a6G finding.

 

I would recommend you save yourself a lot of time, money, and anxiety and find a school at home to attend.

Yes, you are absolutely right. But it feels like to at least try once even though you have very low chance of getting approved.  
  
when I tried to book interview in the first week of August, while filling the DS-160 form, due to some problem i couldn't book for visa interview for Fall 2019 because I have Spring 2020 i20. The Statement said-"F1 Applicants : Interview date scheduled should be  within 120 days  from the Start of the Program, and Not earlier." 
  
So, All I can do is wait for Spring 2020 interviews and give interview and ask them to speed up my processing to get completed in time.  
  
So, I have decided to try to join a university and transfer the completed courses in that university in my home country. These decisions takes time so, I dropped my application for that around 3-4 months ago and 1-2 universities have replied concerning the curiosity to let me admit. And If I get approved to join the university, I will complete my UNG degree in my home country and will think about abroad study may be for Masters degree.