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F1 student Visa- Deported, looking for waiver to apply

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Hello,

 

I am an undergraduate student(F1 student visa). During my winter break of 2018, I came to visit my home for a month. While going back to the States, I was denied entry into the country and was  deported from the port of entry at San Francisco International Airport.

The CBP(Custom and Border Protection) officer stated that I will be deported because I violated F-1 visa law by working off- campus job and I am barred to enter the United States for 5 years. He also informed me that if I need to come back to the United States to complete my study, I will have to apply for Inadmissibility Waiver and re-apply for a new visa. I, along with few of my friends and family have been researching about immigration laws regarding deportation and we have found out that I still have a chance of reapplying visa to continue my study. I  would like to kindly request to receive further details to apply for the inadmissibility waiver so that I can apply for a new visa to complete my education. Does anyone have idea of such cases being solved?

Please advise anything if you know about such cases.

Thank you

 

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I think you will need a good lawyer. This is not something you can do on your own. What exactly was the provision(s) that was cited on your removal order? 

 

By the way, did you just get a job and work illegally or did you do CPT/OPT at one of the shady visa mills universities?

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*** Moved from Student & Exchange Visitor Visas to "Waivers (I-601 and I-212) and Administrative Processes (221g)" ***


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Posted (edited)

El Paso,

 

Check out the links below on waivers...

 

https://www.uscis.gov/i-212

 

Also, it is best to get a good competent lawyer. Keep in mind that this is not simply about filing forms and paying a fee. You were found to have violated your previous vise by working. You also have to convince an immigration officer that you will never do it again. Otherwise, you will not continue your studies here.

 

Also, just to give you a high level summary of the process. A waiver is the first part of the process. If you are approved an inadmissibility waiver, it only grants you the ability to reapply for a student visa again. It does NOT give you another student visa. So after the waiver is approved, you have to reapply for a student visa, and you could even be denied a new F1. It is a long and costly process but a price has to be paid for violations.

Edited by Unlockable

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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19 minutes ago, USS_Voyager said:

I think you will need a good lawyer. This is not something you can do on your own. What exactly was the provision(s) that was cited on your removal order? 

 

By the way, did you just get a job and work illegally or did you do CPT/OPT at one of the shady visa mills universities?

Hello,
I am looking for a good lawyer. But i am looking for what are the possibilites of getting waiver. ALso looking for someone who had similar case like me and got solved their case.

 

It was cited as"I was found inadmissible per Section 212(a)(7)(A)(i)(I) of the Immigration and
Nationality Act as an immigrant without immigrant documents because **** violated the
terms of his admission when he engaged in unlawful employment."

 

I worked off campus(which is illegal).

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9 hours ago, Unlockable said:

El Paso,

 

Check out the links below on waivers...

 

https://www.uscis.gov/i-212

 

Also, it is best to get a good competent lawyer. Keep in mind that this is not simply about filing forms and paying a fee. You were found to have violated your previous vise by working. You also have to convince an immigration officer that you will never do it again. Otherwise, you will not continue your studies here.

 

Also, just to give you a high level summary of the process. A waiver is the first part of the process. If you are approved an inadmissibility waiver, it only grants you the ability to reapply for a student visa again. It does NOT give you another student visa. So after the waiver is approved, you have to reapply for a student visa, and you could even be denied a new F1. It is a long and costly process but a price has to be paid for violations.

Not how a waiver works, especially a non immigrant one.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, SusieQQQ said:

There will be high suspicion that you will work off campus again even if you get a waiver. You’re going to be spending a long time on this, what will you be doing in the months you are waiting? And then you may not even get a new F1 at the end of it. Perhaps you should consider completing undergrad at home and maybe looking at the waiver for grad school.

This

 

Makes me wonder how they knew you were working illegally, why you were working illegally and if there is anything else?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Posted (edited)
12 minutes ago, Boiler said:

Not how a waiver works, especially a non immigrant one.

 

 

Boiler, would OP’s waiver be under this section?

 

9 FAM 305.3-9(H)  Student Visa Abusers - INA 212(a)(6)(G)

(CT:VISA-287;   02-17-2017)

a. Waiver Available:  An INA 212(d)(3)(A) waiver is available for nonimmigrants inadmissible  under INA 212(a)(6)(G).  Factors to be considered in deciding whether to recommend a waiver include the nature and date of the offence, possible rehabilitation of the alien's character, and the necessity for, or urgency of, the alien's proposed trip to the United States. 

 

 

OP, if so you may be interested to know that the current processing  time for an I601 waiver is 11-14.5 months. You’re going to waste at least a year out of school, with potentially nothing to show for it at the end. (That fact in itself might look suspicious to a CO, too?)

Edited by SusieQQQ

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1 minute ago, SusieQQQ said:

Boiler, would OP’s waiver be under this section?

 

9 FAM 305.3-9(H)  Student Visa Abusers - INA 212(a)(6)(G)

(CT:VISA-287;   02-17-2017)

a. Waiver Available:  An INA 212(d)(3)(A) waiver is available for nonimmigrants inadmissible  under INA 212(a)(6)(G).  Factors to be considered in deciding whether to recommend a waiver include the nature and date of the offence, possible rehabilitation of the alien's character, and the necessity for, or urgency of, the alien's proposed trip to the United States. 

 

 

 

It would be a D3 for breaching the terms of his visa so yes. 

 

I 212 for being deported.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, SusieQQQ said:

Ok.. the link from that page went to i601 waivers, though?

I 601 is for Immigrants, this is a non immigrant situation.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 minutes ago, Boiler said:

It would be a D3 for breaching the terms of his visa so yes. 

 

I 212 for being deported.

So i212 waivers have two processing centers, one is also 11-14.5 months for processing, the other is 23.5-30.5 months (!!). It seems to make no sense for someone in the middle of an undergrad degree to waste this amount of time on applying for a waiver just to continue studying.

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Just now, SusieQQQ said:

So i212 waivers have two processing centers, one is also 11-14.5 months for processing, the other is 23.5-30.5 months (!!). It seems to make no sense for someone in the middle of an undergrad degree to waste this amount of time on applying for a waiver just to continue studying.

I may be out of date, but a solo I 212 certainly used to end up at the office handling the PoE that the OP was deported from, and there were a lot more than 2 of them and they did not have published times. 

 

Certainly not quick and timelines all over the place, one of the reasons I supported your suggestion.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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21 minutes ago, Boiler said:

This

 

Makes me wonder how they knew you were working illegally, why you were working illegally and if there is anything else?

I had a schedule of work which is saved on my cell phone. During inspection, they checked my cell phone and found that. and from that they crossed quesitoned me and extracted all info by threatening that if they have to find it themselves, it will be worse.

 

I was working illegally because according to law , i can only work 40 hrs on campus. During that time my family had poor financial condition so i had to manage myself for my college and so i worked offcampus

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