Derek V .

Hope someone could help me with this: After going to the university
for 2 years legally, I attended this other university (illegally) for
over 5 years without an I-20. Left the US right after finishing my
masters. Now want to go back to the US on a tourist visa. What are
the chances of getting the visa given that I have a good employment in
my home country? would they know that I was in the US illegally given
that I have all my diplomas and transcripts with the dates and my
coming back to my home country right after finishing school?

Thank you much for any input and advice.

Derek

Ingo Pakleppa

There is some more information necessary here. You attended university A
and apparently had F-1 status. Was the I-94 marked as D/S, or did it have
a specific expiration date? What was your status when attending university
B? When did all this occur? How long have you been outside the US? Have
you visited the US at all since then? Have you left the US and come back
while you were either legally at university A or illegally at university
B?

On Fri, 18 Jul 2003 18:45:27 -0400, Derek V. wrote:

    > Hope someone could help me with this: After going to the university for
    > 2 years legally, I attended this other university (illegally) for over 5
    > years without an I-20. Left the US right after finishing my masters.
    > Now want to go back to the US on a tourist visa. What are the chances
    > of getting the visa given that I have a good employment in my home
    > country? would they know that I was in the US illegally given that I
    > have all my diplomas and transcripts with the dates and my coming back
    > to my home country right after finishing school?
    >
    > Thank you much for any input and advice.
    >
    > Derek

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

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Please feel free to enjoy some of my photographs at my new Web site
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Derek V .

Thank you for answering. My answers are below:

On Fri, 18 Jul 2003 16:49:49 -0700, Ingo Pakleppa
wrote:

    >There is some more information necessary here. You attended university A
    >and apparently had F-1 status. Was the I-94 marked as D/S, or did it have
    >a specific expiration date?

My I-94 said D/S.

    >What was your status when attending university
    >B?

When attending university B I guess I was out of status(?).

    >When did all this occur?

This all occurred 6 years ago and I'm already 1 year in my home
country.

    >How long have you been outside the US?

1 year

    >Have
    >you visited the US at all since then?

No, I have not visited since I left 1 year ago.

    >Have you left the US and come back
    >while you were either legally at university A or illegally at university
    >B?

I came back to my home country while legally at university A but did
not leave the country while in university B


    >On Fri, 18 Jul 2003 18:45:27 -0400, Derek V. wrote:
    >> Hope someone could help me with this: After going to the university for
    >> 2 years legally, I attended this other university (illegally) for over 5
    >> years without an I-20. Left the US right after finishing my masters.
    >> Now want to go back to the US on a tourist visa. What are the chances
    >> of getting the visa given that I have a good employment in my home
    >> country? would they know that I was in the US illegally given that I
    >> have all my diplomas and transcripts with the dates and my coming back
    >> to my home country right after finishing school?
    >>
    >> Thank you much for any input and advice.
    >>
    >> Derek

Ingo Pakleppa

On Sat, 19 Jul 2003 19:39:37 -0400, Derek V. wrote:

    > Thank you for answering. My answers are below:
    >
    > On Fri, 18 Jul 2003 16:49:49 -0700, Ingo Pakleppa
    > wrote:
    >
    >>There is some more information necessary here. You attended university A
    >>and apparently had F-1 status. Was the I-94 marked as D/S, or did it
    >>have a specific expiration date?
    >
    > My I-94 said D/S.

Good. That probably means you were not unlawfully present.

    >>What was your status when attending university B?
    >
    > When attending university B I guess I was out of status(?).

Not really. Your status remained F-1, even if you violated it. For that
matter, I'm not even sure if you really did violate your status. After
all, you DID attend university while in F-1 status. With luck, you might
make the case that this was a technicality rather than an actual violation
(after 9/11, I doubt that this will work, though).

    >>When did all this occur?
    >
    > This all occurred 6 years ago and I'm already 1 year in my home country.

I'm confused. You graduated six years ago, and returned home only one year
ago? What did you do in the five years in between?

    >>How long have you been outside the US?
    >
    > 1 year

OK

    >>Have you visited the US at all since then?
    >
    > No, I have not visited since I left 1 year ago.

Good.

    >>Have you left the US and come back
    >>while you were either legally at university A or illegally at university
    >>B?
    >
    > I came back to my home country while legally at university A but did not
    > leave the country while in university B

Good.

My guess is that your tourist visa will be approved. Not a sure bet, of
course. But I do not see anything that would statutorily prevent you from
getting one. The consulate can of course reason that "he violated
immigration law in the past and is likely to do it again". But given the
nature of the violation - you continued to be a student, after all - I'm
not at all sure that they would do it.

Of course, all the regular reasons for visa denials would still apply,
first and foremost suspected immigration intent.

    >>On Fri, 18 Jul 2003 18:45:27 -0400, Derek V. wrote:
    >>> Hope someone could help me with this: After going to the university
    >>> for 2 years legally, I attended this other university (illegally) for
    >>> over 5 years without an I-20. Left the US right after finishing my
    >>> masters. Now want to go back to the US on a tourist visa. What are
    >>> the chances of getting the visa given that I have a good employment in
    >>> my home country? would they know that I was in the US illegally given
    >>> that I have all my diplomas and transcripts with the dates and my
    >>> coming back to my home country right after finishing school?
    >>>
    >>> Thank you much for any input and advice.
    >>>
    >>> Derek

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.

Derek V .

Thank you Ingo for your feedback. To clarify the post, I've graduated
a year ago and went back to my home country as soon as I graduated.

I'm now wondering what to put in the question in the visa form that
states "Have you eve violated the terms of a US visa, or been
unlawfully present in, or deported from the United States? Yes[]
No[]; any ideas?

I wonder if they keep all the information in their records...

Derek

On Sun, 20 Jul 2003 00:52:35 -0700, Ingo Pakleppa
wrote:

    >On Sat, 19 Jul 2003 19:39:37 -0400, Derek V. wrote:
    >> Thank you for answering. My answers are below:
    >>
    >> On Fri, 18 Jul 2003 16:49:49 -0700, Ingo Pakleppa
    >> wrote:
    >>
    >>>There is some more information necessary here. You attended university A
    >>>and apparently had F-1 status. Was the I-94 marked as D/S, or did it
    >>>have a specific expiration date?
    >>
    >> My I-94 said D/S.
    >Good. That probably means you were not unlawfully present.
    >>>What was your status when attending university B?
    >>
    >> When attending university B I guess I was out of status(?).
    >Not really. Your status remained F-1, even if you violated it. For that
    >matter, I'm not even sure if you really did violate your status. After
    >all, you DID attend university while in F-1 status. With luck, you might
    >make the case that this was a technicality rather than an actual violation
    >(after 9/11, I doubt that this will work, though).
    >>>When did all this occur?
    >>
    >> This all occurred 6 years ago and I'm already 1 year in my home country.
    >I'm confused. You graduated six years ago, and returned home only one year
    >ago? What did you do in the five years in between?
    >>>How long have you been outside the US?
    >>
    >> 1 year
    >OK
    >>>Have you visited the US at all since then?
    >>
    >> No, I have not visited since I left 1 year ago.
    >Good.
    >>>Have you left the US and come back
    >>>while you were either legally at university A or illegally at university
    >>>B?
    >>
    >> I came back to my home country while legally at university A but did not
    >> leave the country while in university B
    >Good.
    >My guess is that your tourist visa will be approved. Not a sure bet, of
    >course. But I do not see anything that would statutorily prevent you from
    >getting one. The consulate can of course reason that "he violated
    >immigration law in the past and is likely to do it again". But given the
    >nature of the violation - you continued to be a student, after all - I'm
    >not at all sure that they would do it.
    >Of course, all the regular reasons for visa denials would still apply,
    >first and foremost suspected immigration intent.
    >>>On Fri, 18 Jul 2003 18:45:27 -0400, Derek V. wrote:
    >>>> Hope someone could help me with this: After going to the university
    >>>> for 2 years legally, I attended this other university (illegally) for
    >>>> over 5 years without an I-20. Left the US right after finishing my
    >>>> masters. Now want to go back to the US on a tourist visa. What are
    >>>> the chances of getting the visa given that I have a good employment in
    >>>> my home country? would they know that I was in the US illegally given
    >>>> that I have all my diplomas and transcripts with the dates and my
    >>>> coming back to my home country right after finishing school?
    >>>>
    >>>> Thank you much for any input and advice.
    >>>>
    >>>> Derek

Ingo Pakleppa

You have violated the terms of the US visa by studying at a different
university. That much is pretty clear. It's just a matter of how the
consulate will look at that.

On Tue, 22 Jul 2003 21:32:22 -0400, Derek V. wrote:

    > Thank you Ingo for your feedback. To clarify the post, I've graduated a
    > year ago and went back to my home country as soon as I graduated.
    >
    > I'm now wondering what to put in the question in the visa form that
    > states "Have you eve violated the terms of a US visa, or been unlawfully
    > present in, or deported from the United States? Yes[] No[]; any ideas?
    >
    > I wonder if they keep all the information in their records...
    >
    > Derek
    >
    > On Sun, 20 Jul 2003 00:52:35 -0700, Ingo Pakleppa
    > wrote:
    >
    >>On Sat, 19 Jul 2003 19:39:37 -0400, Derek V. wrote:
    >>> Thank you for answering. My answers are below:
    >>>
    >>> On Fri, 18 Jul 2003 16:49:49 -0700, Ingo Pakleppa
    >>> wrote:
    >>>
    >>>>There is some more information necessary here. You attended university
    >>>>A and apparently had F-1 status. Was the I-94 marked as D/S, or did it
    >>>>have a specific expiration date?
    >>>
    >>> My I-94 said D/S.
    >>Good. That probably means you were not unlawfully present.
    >>>>What was your status when attending university B?
    >>>
    >>> When attending university B I guess I was out of status(?).
    >>Not really. Your status remained F-1, even if you violated it. For that
    >>matter, I'm not even sure if you really did violate your status. After
    >>all, you DID attend university while in F-1 status. With luck, you might
    >>make the case that this was a technicality rather than an actual
    >>violation (after 9/11, I doubt that this will work, though).
    >>>>When did all this occur?
    >>>
    >>> This all occurred 6 years ago and I'm already 1 year in my home
    >>> country.
    >>I'm confused. You graduated six years ago, and returned home only one
    >>year ago? What did you do in the five years in between?
    >>>>How long have you been outside the US?
    >>>
    >>> 1 year
    >>OK
    >>>>Have you visited the US at all since then?
    >>>
    >>> No, I have not visited since I left 1 year ago.
    >>Good.
    >>>>Have you left the US and come back
    >>>>while you were either legally at university A or illegally at
    >>>>university B?
    >>>
    >>> I came back to my home country while legally at university A but did
    >>> not leave the country while in university B
    >>Good.
    >>My guess is that your tourist visa will be approved. Not a sure bet, of
    >>course. But I do not see anything that would statutorily prevent you
    >>from getting one. The consulate can of course reason that "he violated
    >>immigration law in the past and is likely to do it again". But given the
    >>nature of the violation - you continued to be a student, after all - I'm
    >>not at all sure that they would do it.
    >>Of course, all the regular reasons for visa denials would still apply,
    >>first and foremost suspected immigration intent.
    >>>>On Fri, 18 Jul 2003 18:45:27 -0400, Derek V. wrote:
    >>>>> Hope someone could help me with this: After going to the university
    >>>>> for 2 years legally, I attended this other university (illegally)
    >>>>> for over 5 years without an I-20. Left the US right after finishing
    >>>>> my masters. Now want to go back to the US on a tourist visa. What
    >>>>> are the chances of getting the visa given that I have a good
    >>>>> employment in my home country? would they know that I was in the US
    >>>>> illegally given that I have all my diplomas and transcripts with the
    >>>>> dates and my coming back to my home country right after finishing
    >>>>> school?
    >>>>>
    >>>>> Thank you much for any input and advice.
    >>>>>
    >>>>> Derek

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.