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Info about Waiver of Grounds of Inadmissibility

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  • Info about Waiver of Grounds of Inadmissibility

    Hello everyone,

    I need some advice on whether to file Application for Waiver of Grounds of Inadmissibility or not.

    January 2008: Came to US to study on F-1 visa (visa valid from Jan. 2008 to Dec. 2012)
    September 2008: Became out of status (violated terms of F-1 visa)
    February 2009: Applied for I-539, Application To Extend/Change Non-immigrant Status
    May 2009: Denied request for I-539
    July 2011: Issued a new I-20 (Got admitted to a school)
    August 2011: Started attending school (Went out of US to get a new I-94)
    December 2012: Student Visa expired

    July 2015: Filed for I-821, Temporary Protected Status (TPS)
    October 2015: Approved for TPS (also filed for Travel document I-131)
    November 2015: Approved for Travel document

    Current status: Attending university in the US with F-1 status.

    TPS part:
    In the travel document I received, it has been mentioned that I need to file the Application for Waiver of Grounds of Inadmissibility, if I have abused the terms of student visa. I have clearly done that in the past. I was looking at the I-601, Application for Waiver of Grounds of Inadmissibility and in the instruction section, it clearly mentions that

    "You do not need to file this application if you are a TPS applicant and you are inadmissible for any of the following reasons: Student visa violators (INA section 212(a)(6)(G) "

    I am confused about whether to file application 601 or not. Also, whether it is possible to file such an application while I am inside the US or not?

    F-1 part:
    Also, while doing research I found out that there is a minimum bar of 5 years until I can be issued another visa.

    "Alien is inadmissible (under this ground) if and only if the alien:
    obtained or extended F-1 non-immigrant student status after November 29, 1996,
    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. "

    Will it be safe for me to travel outside the US in the current situation? Looking forward to your comments, any insight will be very helpful and greatly appreciated.

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