Notice of Inadmissibility undersection 212(a)(9)(b)(i) of Immigration and Nationality Act.

android.dmk

By android.dmk,
in Student Visas

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android.dmk Member

android.dmk

Posted
Posted

Dear Members,

 

Below is my case and I need your help with the same. Your thoughts and opinions will help me take a better decision.

 

Timeline of events:

 

·  Aug 2008 - Started as student of Engineering in the U.S.

·  2009 - Started having academic issues, was put on academic probation.

·  2010 - I keep struggling through academically, causing my anxiety to increase

·  2011 - Continued health problems 

·  Jan 2011 - College drops me from program

·  Dec 2011 - Apply for petition for Re-entry into engineering program. Hear back that the only way I can come back is by retroactive-withdrawal of two semesters under health grounds. 

·  Dec 2011 - I am given permission for retroactive - withdrawal of 2 semesters in the past, but because of the nature of F-1 laws retroactive active withdrawal means my student status is terminated. But I can continue to stay in the U.S. and apply for re-instatement of student status. 

·  Jan 2012 - I join the college, apply for reinstatement and continue taking classes. .

·  March  2012 - USCIS sends me notice asking me to pay certain fees and resend a recommendation from my department. I don't respond to letter and completely avoid it.

·  May 2012 - I receive letter of rejection of re-instatement because I don't reply to the letter in march. Hence my student status remain terminated and my clock of overstay starts of tick

·  May 2012 onwards - March 2013 completely block out the fact of overstay due to mental health issues, and hide facts from family and friends. Father ultimately gets very worried and comes to the U.S. to learn of the entire story. I leave for India in March 2013. So total overstay without status 10 months.

 

 

Now I am in India and I am unaware of what my actual status is:

1.     May 2013 - I apply to a local community college in the U.S. with the plan to petition for re-entry in my original college in the future. I am admitted, so I apply for a new visa. I am given a new visa by the visa officer. This was unexpected as I was predicting trouble due to my overstay.

2.     June 2013 - I leave for the U.S. with hope that I can fix things and get back on the academic track. At the immigration point at the port of entry, the immigration officer leads me to the U.S. Customs and Border Protection office. I speak to an immigration officer who questions me about the whole issue. I explain him everything. I am then detained and sent back to India while being told that I should reapply for a visa. And this time to mention to the VISA officer about my past history. While being interviewed my sworn statement was taken under section 235(b)(1).

3.     June 2013 - Within a week of coming back apply for a new visa and explain to visa officer the entire story with hopes that he will offer me a new visa. He rejects my visa application, says he can't help me within his power. He issues me a Notice of Inadmissibility undersection 212(a)(9)(b)(i) of Immigration and Nationality Act. This would mean that a 3 year bar applies to me. 

 

Please help me in understanding the details of notice issued to me. Would I ever be able to get back to the United States to pursue academics or even as a tourist? What are the long term repercussions and what are the possible ways out of my situation? Would appreciate any help or leads with people who can help me resolve my case. Thanks in advance.

 

Regards,

DMK

 

 

 

android.dmk Member

android.dmk

Posted
  • Author
Posted

Thanks for your replies. I'm aware of the three year ban, members. I would like to understand my way forward from here. 

 

1. Would I ever be able to get back to the United States to pursue academics or even as a tourist?

2. What are the long term repercussions and what are the possible ways out of my situation?

 

Appreciate any helpful responses. Thanks in advance

JoeF Advanced Member

JoeF

Posted
Posted

Well, given that you have shown that you seem to want to stay in the US, I would think it is going to be rather hard to get an F1 again. For an F1, the person has to have a home abroad that the person intends to return to upon finishing the studies.

You would have to overcome the assumption that you intend to immigrate.

That means you actually should have a degree, job, family all in your home country.

Eventually, they may feel ok with it and give you a tourist visa. But that's probably quite a ways off.

JoeF Advanced Member

JoeF

Posted
Posted

Getting a visa to the US is not a right. The consular officers have the discretionary powers to deny a visa.

There is nothing you can do about it, other than convincing the officer that you are going to return to your home country.

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