f1 student visa F1 student Visa- Deported, looking for waiver to apply

[El Paso 0]

17 minutes ago, Boiler said:

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

When i was researching, i found that there's no waiver for non-immigrant. What does that mean? I cannot apply for waiver or i don't need waiver?

[Boiler 43,362]

Well its not 40 hours but that is not the issue, obtaining a new F1 would apart from all the other issues require you to show you have the funds to support yourself in your chosen course of study.

[El Paso 0]

38 minutes ago, Boiler said:

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

 

I 212 for being deported.

The paper said that " *** 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."

 

[Boiler 43,362]

2 minutes ago, El Paso said:

The paper said that " *** 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."

 

You mentioned that in your first post.

[SusieQQQ 11,584]

33 minutes ago, El Paso said:

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

There is usually something that triggers them to check a cellphone. Something raised their suspicions. 

 

If that is your rationale then the chances of another student visa are just about zero, because you have to show you have the funding for the course. Did you submit false or misleading information with the previous application about being able to fund the studies that you subsequently had to work? 

 

If your family is in a poor financial situation, it makes more sense to study at home than to break the law in the US. Again, if education is the real goal, what would be the point of probably waiting a full school year just to see if you can get a waiver? What would you be doing in this time of waiting? 

[El Paso 0]

30 minutes ago, Boiler said:

Well its not 40 hours but that is not the issue, obtaining a new F1 would apart from all the other issues require you to show you have the funds to support yourself in your chosen course of study.

Yeah, i need to show now a strong evidence of strong family financial condtion. As well as i need to show that there won't be any problem in my familys financial condition.

[Boiler 43,362]

1 minute ago, El Paso said:

Yeah, i need to show now a strong evidence of strong family financial condition. As well as i need to show that there won't be any problem in my family's financial condition.

Well that seems impossible, if such a situation existed then you would not have to work. Lottery win aside.

[El Paso 0]

1 minute ago, SusieQQQ said:

There is usually something that triggers them to check a cellphone. Something raised their suspicions. 

 

If that is your rationale then the chances of another student visa are just about zero, because you have to show you have the funding for the course. Did you submit false or misleading information with the previous application about being able to fund the studies that you subsequently had to work? 

 

If your family is in a poor financial situation, it makes more sense to study at home than to break the law in the US. Again, if education is the real goal, what would be the point of probably waiting a full school year just to see if you can get a waiver? What would you be doing in this time of waiting? 

Well the thing is, i was one week late for my class. I took the ticket of after 1 week the class starts, thinking i will stay 1 more week. The immigrant officer quetioned me about why i was late. I told him there was some family issues. Then he questioned me about how i am paying my college fee. My fee comes from my father, mother and house rents stuffs. But i only told him about my father business, so he might get suspected about my college fee paying.

 

No, I did not submit false information with the previous application.

 

I am thinking to consulate with a lawyer about the waiver, processing time and other stuffs. And if it takes too long, i am thinking to studying at home or try some other country.
If i study at home, i will keep on continuing with the processing.
 

[El Paso 0]

15 minutes ago, Boiler said:

Well that seems impossible, if such a situation existed then you would not have to work. Lottery win aside.

I mean during my study time only, my family should be financing my education fee.

[Boiler 43,362]

Not just that, you have living expenses as well.

[SusieQQQ 11,584]

12 minutes ago, El Paso said:

Well the thing is, i was one week late for my class. I took the ticket of after 1 week the class starts, thinking i will stay 1 more week. The immigrant officer quetioned me about why i was late. I told him there was some family issues. Then he questioned me about how i am paying my college fee. My fee comes from my father, mother and house rents stuffs. But i only told him about my father business, so he might get suspected about my college fee paying.

 

No, I did not submit false information with the previous application.

 

I am thinking to consulate with a lawyer about the waiver, processing time and other stuffs. And if it takes too long, i am thinking to studying at home or try some other country.
If i study at home, i will keep on continuing with the processing.
 

I don’t want to be too argumentative here but immigration lawyers are expensive, as are waiver applications. Not sure this is the best use of funds if the family finances are tight. And obviously- assuming you even get as far as being granted a waiver - scrutiny over the proof of funding you show next time will be even more stringent. What is your college’s view on the fact that you’ve been deported and had your visa canceled? Will they reinstate you at some later date, or will they maybe be reluctant to accept your proof of funding given what has happened? I presume you have been in contact with their international student office?

[geowrian 22,335]

Is it possible to get a waiver here? Sure. You need a (d)(3) waiver. This is not something you apply for....the CO would recommend you for one if they determine it is appropriate to do so. This is discretionary on their part - they have no obligation to do so.

You also would need an I-212 for the expedited removal. This is not cheap or that quick, and obviously need a reason for doing so. This can be filed anytime in your circumstances.

 

That said, you're getting ahead of yourself. To be eligible for the (d)(3), you must first be determined to be eligible for the visa. The likelihood of a CO issuing another F-1 visa after very recently having knowingly violated the terms of the previous one is near 0. How would you convince them that you won't work again? They may also be concerned about your intention to return home (214b) given the strong desire for a quick return.

 

Basically, I don't think it's likely that you would even get to the point where either waiver will come into play. But if so inclined, feel free to apply and find out. Then worry about actually getting the waivers.

[El Paso 0]

3 hours ago, Boiler said:

Not just that, you have living expenses as well.

for living expences, F1 visa is allowed to work 20 hrs per week. That will help for my living expenses.

[El Paso 0]

3 hours ago, SusieQQQ said:

I don’t want to be too argumentative here but immigration lawyers are expensive, as are waiver applications. Not sure this is the best use of funds if the family finances are tight. And obviously- assuming you even get as far as being granted a waiver - scrutiny over the proof of funding you show next time will be even more stringent. What is your college’s view on the fact that you’ve been deported and had your visa canceled? Will they reinstate you at some later date, or will they maybe be reluctant to accept your proof of funding given what has happened? I presume you have been in contact with their international student office?

Well yeah they are expensive. For that first so i want to consulate to know all the further processing infos. ANd based on that i will decide weather to try and wait or try to complete my degree in my country.

Yeah, there is very less possibility of getting overall success.
 

Well, i talked to the university s international student office about my case saying that i was n't aware about offcampus work was not allowed. They said they will help me with the needed paper works, new i20, SEVIS management. They are ready to help. Now, this semester i am on semester break. It's all up to getting waiver and a new visa.

[geowrian 22,335]

1 minute ago, El Paso said:

Well, i talked to the university s international student office about my case saying that i was n't aware about offcampus work was not allowed

So you lied and hope that will fix the issue...?