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El Paso

For 5 Years ban, What after 5 years

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I wonder, a student who is deported with 5 years ban due to violating student(F1) visa- working off campus, would have to apply for waiver after the 5 years ?
or he can directly go for visa interview? since the 5 years time has passed. ?

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No waiver is required after the bar expires.

The CO can still consider the cause for the bar (i.e. past violations of status may cause the CO to believe you may violate status again).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, El Paso said:

 

I wonder, a student who is deported with 5 years ban due to violating student(F1) visa- working off campus, would have to apply for waiver after the 5 years ?

 

No

 

1 hour ago, El Paso said:

or he can directly go for visa interview?

Yes.

However, as many people pointed out on the previous thread you made, your chances of getting another F-1 visa is pretty much zero. How are you going to convince the CO that you won’t work unauthorized again? 

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4 hours ago, geowrian said:

No waiver is required after the bar expires.

The CO can still consider the cause for the bar (i.e. past violations of status may cause the CO to believe you may violate status again).

 

3 hours ago, USS_Voyager said:

No

 

Yes.

However, as many people pointed out on the previous thread you made, your chances of getting another F-1 visa is pretty much zero. How are you going to convince the CO that you won’t work unauthorized again? 

 

Yeah I also think that there's very low chance.

What if i apply for another visa instead of F1 visa?

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2 minutes ago, El Paso said:

Yeah I also think that there's very low chance.

What if i apply for another visa instead of F1 visa?

Depends on the specifics of the visa. A K-1 or any immigrant visa should not have any issues due to prior unauthorized work (once the 5 year bar is expired, or if it is waived). Work visas likely wouldn't raise much of an issue either, although they are harder to come by.

Other non-immigrant visas that do not permit work, or those subject to 214(b), are likely to be in the same boat as F-1.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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