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Hi I m new in this forum but I have an issue .I was a international language school student with unexpired visa .when I entered from border they hold me any told me my sevis has issue so we had to go to office.while in office they told me I overstayed and I have to go back .I admit I did overstayed it was my fault and my stupid mistake .but the funny thing is since I m back I search a lot and I remember they never asked me to leave my own .they hold me asked me so many questions and I reply with honesty .I didn't lie .I've been us since 2012 and always leave on time never got in trouble ,no criminal history at all.(that doesn't mean I m right I did wrong for overstaying ) .this time my school got me dirty sorry for my language but it was just like that .I wanted to transfer they didn't let me then they told me I owe them a course .I refused and didn't paid and stayed there and worked that time .I had a social security card legally got it from my J1 visa and every time I applied for new visa from embassy I showed them and never got in trouble .so officer told me I m out of status why ,I explained then he asked me what I did that whole time I said I was working showed him my sc card.he said I can't work without permission from immigration and I said nobody told me that even embassy .so the stamped my passport with 212 (a) (7) & 235 (b) (1) so I got banned for 5 years.it was totally my fault but I didn't want to lie about it.so after he said I have to go back and apply for new visa .now I have an interview with us embassy on Monday for f1 visa .I know I need a waiver but am I eligible for 212 (d) (3) ? Thank you and I know it's a long story but I need help so bad.I m going crazy in here.

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Wow tough road ahead getting those waivers if you over stayed and you worked.

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Yea I know but like I said I thought I can work because I had a legal work permission .I know now that was a stupid idea .i will try my chance I know it's not good .what should I do now ? I have a boyfriend as well but I don't want to apply for K1 visa yet.we are together 4 years now .

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How did you obtain legal work papers?


:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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I was working at panera bread .I applied online and hey checked my status and everything so there wasn't any problem at all .they told me I can work also I paid my taxes .I even told officer that too.I wasn't trying to lie about it.I will explain everything to counselor I hope they can understand me.

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I was working at panera bread .I applied online and hey checked my status and everything so there wasn't any problem at all .they told me I can work also I paid my taxes .I even told officer that too.I wasn't trying to lie about it.I will explain everything to counselor I hope they can understand me.

But that's your fault. You were on a student visa so you weren't allowed to work. You applying online means nothing . Who authorized your work permit? Only US Immigration can do that. Did you apply through your employer to get work permit?

You already violated one student visa. It's pretty remote to expect an apply at your interview sorry.

And now you have a boyfriend which I am sure they know so it's really remote.


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Exactly that was my fault .I admit it .nobody told me even my employer didn't ask me about it but it still my fault.I m just wondering can I apply for waiver ? When they asked me if anybody waiting me outside I said yes my boyfriend so they know .but he didn't write anything about it on my papers .I just want to reapply and get a permission (waiver). And I know it's a slim chance.

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You have not said how you got permission to work? Did you buy it? Or did you just work without one?


:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Agree with the other posters. Sounds like you totally ruined your credibility. Honestly, they reject people for the slightest suspicion and your track record is looking pretty bad. I guess you just have to wait and see what happens, I'm not sure if there's anything you can actually do at this point to increase your chances. While being honest is good, it doesn't undo any mistakes you made in the past.


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I had a social security card when I was over there with J1 and like I said before nobody told me not to work with it .it's totally my fault .i have an interview let see if can get any chance for waiver .

Just saw this on the official site:

As a J-1 Visa holder, am I allowed to work?

A J-1 holder is only allowed to perform the activity listed on his/her Form DS-2019 and as stated in the regulations for that category of exchange.

Seems like you had permission to work but not to work anywhere you want. There were limitations. I know it's confusing but I'm not sure if "ignorance of the law" will be strong enough to get your approved again. But as I said, you can just wait and see what they say. The have the final word.


03639.png                  

                  🇷🇺  ♥  CR-1 via DCF in Moscow! ♥  🇺🇸

Spoiler

26-Jul-2016: Married abroad :3
21-Dec-2016: I-130 filed at Embassy
29-Dec-2016: I-130 approved! Yay! 

17-Jan-2017: Case number received :]

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview - approved!

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail

31-Jul-2017: SSN arrived via mail, hurrah!

                     I-90 GC Replacment (for Erroneous GC)

Spoiler

22-Jul-2017: GC arrives in the mail – middle name is cut off 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; kept GC!

16-Jul-2018: RFE for supporting docs!! D:<

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!!

 

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Thank you for information .yes i have to wait they have the final word.my problem is officer didn't even ask me to leave volunteer ,he just took my picture asked lots of questions and send me back .I m hoping since I have no criminal records and multiple in an out they can think of give me a waiver.

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Just saw this on the official site:

As a J-1 Visa holder, am I allowed to work?

A J-1 holder is only allowed to perform the activity listed on his/her Form DS-2019 and as stated in the regulations for that category of exchange.

Seems like you had permission to work but not to work anywhere you want. There were limitations. I know it's confusing but I'm not sure if "ignorance of the law" will be strong enough to get your approved again. But as I said, you can just wait and see what they say. The have the final word.

In addition you are only allowed to earn money if it was noted in the J1 application. If it specifically wasn't regulated in the J1 application that you were going to earn money you are also violating the visa rules by earning money even if it is with the company that you filed the J1 with.

I was a J1 visa holder before too and I was fully aware of the fact that I wasn't allowed to work for anyone else but my company (and get no salary as it hasn't been part of the J1 contract). You even have to sign papers confirming that you won't.

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I wasn't aware of that.after my program I left the country with my social card.and get back with my student visa and never worked till last year.I worked in 2015.this is totally my fault I know that.also never got in any trouble with it .every time I applied for visa I had copy of my social card and nobody told me I can't worked.even officer didn't told me about my worked .he just send me back because of I overstayed.it's a really tough situation and waiting to interview .

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