SEVIS Termination - Violation of terms of non-immigrant status

[ashfaq.eee]

Hi,

After my first entry as an F1 student, I left USA after completing one semester. I did not come back the next semester and my SEVIS was terminated as a "Failure to enroll full-time". Later, I entered with a new F1 visa and completed my studies in a different university. Now, I am submitting I-485 (EB2) where it is asking, "Have you EVER violated the terms or conditions of your nonimmigrant status?" (part 8, question 17).

1. What should I say here?
2. If I say "Yes", will I be eligible for an exemption under INA 245(k)?
3. What do I need to show to prove that I am eligible under INA 245(k)?

Thanks in advance.

[ArizonaPHX]

You should say no

[love21_]

Hi,

After my first entry as an F1 student, I left USA after completing one semester. I did not come back the next semester and my SEVIS was terminated as a "Failure to enroll full-time". Later, I entered with a new F1 visa and completed my studies in a different university. Now, I am submitting I-485 (EB2) where it is asking, "Have you EVER violated the terms or conditions of your nonimmigrant status?" (part 8, question 17).

1. What should I say here?
2. If I say "Yes", will I be eligible for an exemption under INA 245(k)?
3. What do I need to show to prove that I am eligible under INA 245(k)?

Thanks in advance.

It’s best to be truthful, if you violated it say the truth because they’ll find out one way or the other. You might need a lawyer for this process though.

[Enub4]

Are you sure this is a violation? I don't know.
Maybe the correct action was to inform the University international office that you will not return so they could close your file as authorized early withdrawal?

[ArizonaPHX]

Are you sure this is a violation? I don't know.
Maybe the correct action was to inform the University international office that you will not return so they could close your file as authorized early withdrawal?

It's not a violation at all, even if his SEVIS was terminated while he is in US he will get a grace period to leave the country without any violation