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Jubraz

Out of status less than 180 days... do I need a waiver?

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Filed: Country: Brazil
Timeline

Hey everybody,

Last year I went to the U.S. as a tourist and decided to study it more, I started the process of change of status to student, as I own account forgotten to sign one of the forms.

Result: Immigration replied asking me to review it and forward the material itself.

Forward all right and after 4 months of denying they replied saying that I sent the form with my I-94 expired, or they just found my second submission.

I came to Brazil to run is not over 180 days out of status, my question is: how long have to wait to re-apply here? I was about 175 days out of status for them .... that prevent me from entering USA?

I am sorry for my english I am learning...

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Filed: Timeline
What visa are you looking for? Student?

I want try student visa.... before I had turist visa

I do not believe this is Adjustment of Status at all --- that's for family based stuff, like from student to permanent resident.

For student visas, it is a new visa process.

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Filed: Country: Brazil
Timeline

I tried to change my status from tourist to student in the United States and they denied so I come back to Brazil in may and now i want to apply for a student visa. the problem is that I was there 170 days out of status, I don't know if I need a waiver to enter the new visa and how long should I wait here to re-aply

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Filed: Citizen (apr) Country: Canada
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Moved from Waivers forum to General Immigration forum


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Filed: K-1 Visa Country: Vietnam
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No waiver needed under 180 days. . .but it still might be a bit more difficult to prove non-immigrant intent. Take tons of proof.

Witch kind of proof ??

You need to prove to the US consular officer in Brazil, as well as the CBP officer at the US port of entry, that you will return to Brazil before your visa expires. This usually involves having things in Brazil that you would not be likely to abandon by staying in the US. Examples of this sort of proof are owning property or a business, or having children in Brazil. The less you have to leave behind, the more likely they're going to suspect you're going to stay in the US. You need to make a strong case that you have compelling reasons to return home.


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