soccer203

i was wondering about something so my questions are
1.do you think its better to have accrued unlawful presence thats waivable or D/S f1 visa without ban but out of status?
2.do you think consular officers tend to NOT "help" ppl with some sort of visa violations(BUT NO BAN) if they need visa for work - or business call it whatever u want it -like C1-D visa to be a vessel deck cadet and later on a ship captain?

if something i wrote doesnt make sense just correct me and ask me ill respond...
btw thank you

Noorah101

It's better not to have either one on your record.

I think ConOff's tend to not "help" anyone at all.

Rene

soccer203

haha obviously but if someone needs c1-d crewman visa and a job offer from a real big shipping company and if the ex violator is thruthful about his violation you think con officer will not try to help at all? by help i mean Understand his problems that would be created by refusing a visa to a person who didnt harm or hurt anyone and whos requesting a visa which is one of the rare real NON immigrant visas(meaning you cant adjust status at all)

Rete

If I weren't smart enough on time, I would prefer the F-1's D/S status.

Depends on your definition of help? Since the visa seeker is not a USC, they are not obligated to "help" in anyway at all. They will do what the law tells them they should do which is review the application, make a judgment and give it back to you. If a waiver of inadmissibility is an option, they will tell you that and what form you need to complete. That is all the help a foreigner is entitled to at the US Consulate.

TracyTN

Con offs have to apply the law to the visa you're seeking. It sounds like you're expecting them to (or hoping they will) ignore it just to be nice. Doesn't sound very likely when you say it out loud, does it?

BILDER

Why the heck should they? they are there to represent the interests of the US. They don't care if the shipping company hasn't found a qualified employee. They aren't the HR department.

Rete

Highly doubtful that they would place their career on the line for a sympathy call. The crux is that the visa seeker once overstayed their visa to be in the US and it is indicative that the visa seeker does not take the rules and regulations of the USCIS seriously. Why would they then turn around and give the same person a chance to overstay again?

Noorah101

I think the ConOff will stick to following whatever the law says regarding issuing visas to someone who has a previous overstay. I am sure there are sympathetic ConOffs out there who will take the time to listen to your plight...but then in the end they must follow whatever the law says.

Rene

soccer203

oh ok...ppl r giving me different opinions and the thing i hate about some of the answers is they make me (f1 status violator) a serious criminal like i deserve jailtime and my answer to them if they appear here is dont hate the player hate the game...
but theres a question on visa form which says have you ever violated terms of your visa? and some ppl even told me NO even tho i think the answer is yes.they say if you werent found to be in violation then the answer is NO . and they say they cant deny my visa bcuz of the "violation" but they can deny my visa bcuz of potential immigration intent-i own a house,have fam and gf...

Noorah101

Answer that question honestly. If you were staying in the USA on a student visa, and you were not going to school, then you violated the terms of your visa. Just because no US Gov authority never found out about it doesn't mean it didn't happen.

I don't know if "potential immigration intent" comes into play when issuing a work visa. What you are talking about sounds more like the things that would be of concern when issuing a visitor's visa.

Rene

soccer203

it wasnt an overstay lol read the law

soccer203

yeah its not even a work visa,just a transit one which every crewman needs if he wants to work on ships...its stupid that we all need it lol...even if we dont travel to usa we still need it its like most companys requirement

Noorah101

How in the world do we even know what YOU have done? You only presented 2 scenarios and asked which one is "better".

You present 2 hypothetical scenarios to us, then you complain that we're calling it an overstay.

Rene

Noorah101

Then all you can do is follow what is needed to obtain the job, go to the visa interview, be honest, and hope it's granted.

Rene

soccer203

thank you