Student Visa Abusers
CLASSIFICATION:
-
Under INA 212(a)(6). Illegal entrants and
immigration violators.
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Under INA 212(a)(6)(G). Student visa abusers.
BRIEF DESCRIPTION: The beneficiary
has been in a nonimmigrant student status.
DETAILS:
1. Alien is inadmissible (under this ground) if and only if the alien:
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obtained or extended F-1 nonimmigrant student status after November 29,
1996,
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violated a term or condition of such status under INA 214(l), and
-
has not been outside the U.S. for a continuous period of 5 years after
the date of the violation.
2. Alien violated a term or condition of student status under INA 214(l)
– if and only if alien:
2.1. Obtained F-1 status in order to pursue a course of study:
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at a private elementary school,
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at a private secondary school, or
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in a language training program that is not publicly funded, or
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at a public secondary school under the following conditions:
-
the aggregate period of student's status at the secondary school should
not exceed 12 month
-
and
-
the alien should reimburse the local educational agency that administers
the secondary school for the full, unsubsidized per capita cost of providing
education at such school for the period of the alien's attendance,
AND
2.2. Terminated or abandoned such course of study at such a school,
AND
2.3. Undertook a course of study at:
-
a public elementary school,
-
a publicly funded adult education program,
-
a publicly funded adult education language training program, or
-
a public secondary school and
-
the aggregate period of student's status at the secondary school exceeded
12 month or
-
the alien has not reimbursed the local educational agency that administers
the secondary school for the full, unsubsidized per capita cost of providing
education at such school for the period of the alien's attendance.
DEFINITIONS: None.
FILING DATE RESTRICTIONS: None.
EXCEPTIONS: None.
SPECIFIC WAIVERS: None.
GENERAL
WAIVERS