3 years BAN - What do do ?

Old May 28th 2001, 3:52 am
  #1  
KIDDOS
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Hello. A friend of mine got married and her husband won a green card from the DV
lottery. They went to the interview (in Europe), everything was fine but one thing.
She has been a student (F1) in the USA for like
3.5 years (she went back to Europe like 7-8 months ago). The consulate told her that
her transcript shows that twise she has taken less then the required courses for
full time student. She explained that the school was not offering the courses she
needed. The consulate told her that she has to proove that she has been a full
time student while she was in USA, otherwise they would BAN her for 3 years. My
question is:

IF THEY BAN HER FOR 3 YEARS, IS SHE STILL GOING TO KEEP HER GREEN CARD AND CAN SHE
COME INTO USA AFTER 3 YEARS?

She was told also by a lawyer before that her non-immigrant (F1) status has nothing
to do with her immigrant (GC) status ?

Is there something she can do?

Thank you!
 
Old May 29th 2001, 8:40 am
  #2  
Sylvia Ottemoeller
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KIDDOS wrote:

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This is generally true, but she still has to be eligible to enter the U.S. to get
her permanent resident status. The consular officer suspects that she is
inadmissible to the U.S.

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Your friend should hire a good immigration attorney right now, someone with
connections and experience, who can get in touch with the consulate.

Because her I-94 said "D/S," she is almost certainly *not* subject to INA
212(a)(9)(B), the 3 and 10 year bars.

Unless a person's I-94 does *not* indicate "D/S," or the INS or a judge has
formally determined that he or she *has* violated status, a person is not subject
to INA section
212(a)(9)(B), and is not subject to the 3- and 10-year bars. See
http://www.shusterman.com/barmemo.html.

Also see http://www2.ncsu.edu/ncsu/stud_affai...d/~cipprr4.htm.
 

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