F1 Visa Revocation after returning home to renew my F1 visa HELP!

[Jozigal]

Thank you to anyone who responds to my post and i apologize for its length!

I need help with a deportation and port of entry and 5 year ban that i feel was wrongly imposed. 

 

In spring 2014 i completed my 3rd year of varsity at USC in california. I decided to take the 2014-2015 year off school to sort out some finances with plans to restart in fall 2015. Having had 2 years left of my bachelors in architecture i had to go home(South Africa) to renew my visa which was set to expire in June 2015.  I came home in December 2014 and had my new visa approved on the 18th of Feb 2015 (expiry date 16 Feb 2018).

 

I decided to fly back to LA for the summer and then continue with my schooling come fall. On the 18 of March 2015 after 22hrs of travel i arrived at LAX. At the immigration counter the officer said there was something wrong with my SEVIS which i was obviously not aware of. They took me to their homeland offices where i waited to talk to an immigration office. After waiting an offer called me and stated that my SEVIS was invalid and that my visa was therefor invalid. I explained to him that i was never notified that my SEVIS was no longer valid and that if i had known i would have sorted it out back in South Africa. I asked him why they would give me a new visa with an invalid SEVIS. He said he didnt know. So at this point it becomes clear that i was probably going to have to go back home to sort this out.

 

THE PROBLEM: After waiting in their cells like some sort of criminal for hours i finally get called for a recorded interview and told that i would either have to put up $3000 to go home or they would deport me and give a 5 year ban. My mom, who is a single mom that lives in South Africa, did not have $3000 (R39,000 RSA) to spare. The officer said that because i couldnt pay that they would have to pay for my ticket back home and that i would incur a 5 year ban. I told her that i need to get back to school in the fall and that i didnt want the ban as i didnt want it on my record especially as this was not my fault. She said it wasnt that serious, that when i got home i'd be able to easily get another visa and return to school.  I really didnt have a choice but to accept deportation.

 

Once i got home i quickly applied for a short 2 week visitors visa as i still had my apartment that i was paying over $700 for which needed to be moved to storage until i returned closer to fall for school. My application was senselessly denied. Im extremely frustrated as i feel all of this could have been avoided completely. I left 4 years of my life and a boyfriend whom i love in LA and i cant seem to get back. I really feel like this ban screwing everything up and is going to hang over my head for the rest of my life. How do i combat it as it was only given to me because i didnt have $3000 which is sooo very unfair.  

 

They cancelled my visa with the following in red ink: 22CFR41.122(e)2

Opposite my visa is a stamp with "CBP Form 1-860 Removal Order issued pursuant to section 235(b)(1)

 

What does the above mean?

 

PLEASE HELP!

[JoeF]

235(b)(1) is a section of the immigration law, online on the USCIS website.

22 CFR 41 (Code of Federal Regulations) is about visas.

 

Entrance to the US in never guaranteed. If a person is denied entry, the person gets put on a flight back, and a ticket on short notice if obviously expensive. It is prudent to always have enough money to cover travel. As a student, you have to have money for living expenses in the US, anyway. And LA, where USC is located, is rather expensive.

[pontevecchio]

You were found inadmissible. In order to apply for any visa you would need to show that you were not inadmissible. If 3000 USD was a problem how did you intend to pay for the course? Could you not have asked your boyfriend for help at that time? You have to seek competent legal counsel now and unfortunately it will cost you some money. Get in touch with the firm of Murthy and discuss the situation.

[JoeF]

As was a implied, tuition at a university like USC is rather high. It is not quite believable that $3k was a problem when tuition is even higher than that.

There likely is something you are not telling us.

[Jozigal]

As was a implied, tuition at a university like USC is rather high. It is not quite believable that $3k was a problem when tuition is even higher than that.

There likely is something you are not telling us.

Thanks for the reply all!! 

 

Joe F. Every cent I or my mom make goes to tuition which would only have been payed 5 months later SO it is highly possible that i just didnt have that kind of cash at hand. Please do not assume that i am some rich kid. I am not not. And $3000 is a lot of money. There is nothing i am hiding. I am trying to get help here so how does hiding anything help me?

 

Also when you are held at Border security they don't let you call anyone other than consulates and embassy's 

[Jozigal]

I really don't appreciate the insinuations. But thanks for the help?

[JoeF]

For an F1, you need to have enough money for tuition, board and room, etc. Are you implying you didn't have that?

As far as the "rich kid" comment, USC *is* known to be pretty expensive. There are lots of rich kids there. It earned the nickname "University of Spoiled Children"...

Their graduate programs are really world class, though. I happen to know a professor there.

 

In any case, you won't be able to overturn the ban.

[pontevecchio]

If you want to return consult the firm of Murthy or any firm of your choice. At least you will know where you stand., You also need to call your DSO at the university and ask about the SEVIS problem. Did you have an I-20 endorsed for leave?

[GNH]

Should have put in on a credit card . A lot of my tution expenses went on CC too ;)

As for the question , you need a lawyer. Your situation is too complicated to be answered by non lawyers in a free forum.

[Jozigal]

For an F1, you need to have enough money for tuition, board and room, etc. Are you implying you didn't have that?

As far as the "rich kid" comment, USC *is* known to be pretty expensive. There are lots of rich kids there. It earned the nickname "University of Spoiled Children"...

Their graduate programs are really world class, though. I happen to know a professor there.

 

In any case, you won't be able to overturn the ban.

 

I was at USC for 2 years so i know its general reputation and what kind of kids go there and not all of them are spoiled brats with trust funds.

 

Your comments are unhelpful.

 

For everyone else I have contacted an attorney to help me sort this out. Thanks for your input. 

[JoeF]

I was at USC for 2 years so i know its general reputation and what kind of kids go there and not all of them are spoiled brats with trust funds.

 

Your comments are unhelpful.

 

For everyone else I have contacted an attorney to help me sort this out. Thanks for your input. 

 

I didn't say "all of them" are rich kids. I said that there are a lot of rich kids there.

And a lawyer of course also costs money...

Generally, when you sign your rights away at the border, there isn't much anybody can do. Even Americans can get their electronics, like computers, confiscated by border agents and take years to get that back.

Essentially, the government claims that until you have gone through immigration, you are not on US soil.

Fighting stuff like that would probably require a substantial amount of money, which you claim to not have.

So, even if you don't like my comments, I stand by them.