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ken86

overstay on student visa!!!

By ken86 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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ken86 Explorer

ken86   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: India
 Timeline
Posted

well ...I got married last december to my wife on STUDENT visa..but i wasnt attending classes that time...after marriage i cam back to india..because my grandad died,.(i have to come)..and then after 4 months my wife came to India and we applied for DCF..our petition also got approved... so i have read the clause in FAM about 'F-1 student visa abusers'

a. Another ground of inadmissibility relates to aliens who violate INA § 214(1), which relates to students

b. That provision limits F-1 students to one year at a public elementary or secondary school and requires reimbursement of the cost of the education

c. Students who violate INA § 214(1) are inadmissible for a continuous period of five years after the date of violation

But i was attending the private school in US.. does that clause apply on me too...please help me..with this...but our I130 already approved...i m soo confused pls help me...

P.S : overstaying(not attended calsses) for 5 months...

My Timeline

14/07/2007----Met at Cousins Party (Notre dame, Indiana)

15/07/2007----Started talking (Exchange phone numbers)

31/08/2007----went back to India (For Family Issues)

2/10/2007---- Came Back to USA (Started living together)

12/12/2007----MARRIED in INDIANA,USA

07/03/2008----Gone to India (family Issues) Coudnt go back to USA Visa got finished!!!

23/08/2008---- My wife came to india (stayed 3 months)

24/11/2008----Applied DCF in New Delhi Embassy----GOT APPROVED same DAY got Packet 3.5 by hand

03/12/2008----Wife went back to USA

17/12/2008----Submit all documents @ VFS jullundher Packet 3.5

28/01/2009----Got interview date Packet 4: Feb 6th

29/01/2009----Went for medical

02/02/2009----GOT medical Report!! (all Fine)

06/02/2009---- INTERVIEW!!!! RECIVED 221g REQUSTING TO SUBMIT MORE DOCUMENTS with PASSPORT

28/02/2009---- Submitted 221g Documents with passport

18/03/2009---- Got passport without visa stamped on it

19/03/2009---- Called DOS and they said embassy is asking for my daughter's Birth cetificate and Passport

01/04/2009---- 1 month of AP!! - NO NEWS--- from embassy---called DOS No news---_STILL WAITING FOR ANOTHER 221g FROM EMBASSY!!!!!!

STILL UNDER AP!!!!! very Frustated

07/04/2009---- Case tranfered to FPU(fraud prevention unit)

15/06/2009---- Embassy asked me to submit my passport-----confused??

22/06/2009---- Got Visa in Hand

10/07/2009---- POE Denver!

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emt103c Rising Star

emt103c   10

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
well ...I got married last december to my wife on STUDENT visa..but i wasnt attending classes that time...after marriage i cam back to india..because my grandad died,.(i have to come)..and then after 4 months my wife came to India and we applied for DCF..our petition also got approved... so i have read the clause in FAM about 'F-1 student visa abusers'

a. Another ground of inadmissibility relates to aliens who violate INA § 214(1), which relates to students

b. That provision limits F-1 students to one year at a public elementary or secondary school and requires reimbursement of the cost of the education

c. Students who violate INA § 214(1) are inadmissible for a continuous period of five years after the date of violation

But i was attending the private school in US.. does that clause apply on me too...please help me..with this...but our I130 already approved...i m soo confused pls help me...

P.S : overstaying(not attended calsses) for 5 months...

Five month overstay does not incur a ban. . . If you were attending a private school you paid for it so that doesn't apply either.

In addition, was your I-94 marked "D/S"?

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ken86 Explorer

ken86   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: India
 Timeline
  • Author
Posted

yes it was marked by D/S on I-94

yes it was marked by D/S on I-94

My Timeline

14/07/2007----Met at Cousins Party (Notre dame, Indiana)

15/07/2007----Started talking (Exchange phone numbers)

31/08/2007----went back to India (For Family Issues)

2/10/2007---- Came Back to USA (Started living together)

12/12/2007----MARRIED in INDIANA,USA

07/03/2008----Gone to India (family Issues) Coudnt go back to USA Visa got finished!!!

23/08/2008---- My wife came to india (stayed 3 months)

24/11/2008----Applied DCF in New Delhi Embassy----GOT APPROVED same DAY got Packet 3.5 by hand

03/12/2008----Wife went back to USA

17/12/2008----Submit all documents @ VFS jullundher Packet 3.5

28/01/2009----Got interview date Packet 4: Feb 6th

29/01/2009----Went for medical

02/02/2009----GOT medical Report!! (all Fine)

06/02/2009---- INTERVIEW!!!! RECIVED 221g REQUSTING TO SUBMIT MORE DOCUMENTS with PASSPORT

28/02/2009---- Submitted 221g Documents with passport

18/03/2009---- Got passport without visa stamped on it

19/03/2009---- Called DOS and they said embassy is asking for my daughter's Birth cetificate and Passport

01/04/2009---- 1 month of AP!! - NO NEWS--- from embassy---called DOS No news---_STILL WAITING FOR ANOTHER 221g FROM EMBASSY!!!!!!

STILL UNDER AP!!!!! very Frustated

07/04/2009---- Case tranfered to FPU(fraud prevention unit)

15/06/2009---- Embassy asked me to submit my passport-----confused??

22/06/2009---- Got Visa in Hand

10/07/2009---- POE Denver!

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emt103c Rising Star

emt103c   10

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

D/S visa holders are not out of status until they are declared so by a Consular Officer, Judge or ICE official. . .technically there is NO illegal presence. . .I don't think you'll need a waiver at all.

If you'd like to be SURE about it there are two very good attorneys that you could consult who will hopefully tell you the same thing. . .

www.humanrightsattorney.com

www.visacentral.net

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