Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Former MS Drop-out applying for PhD F-1 VISA

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Former MS Drop-out applying for PhD F-1 VISA

    I had enrolled in a masters program in USA, on Fall'09 but decided to drop-out after completing 3 semesters due to a financial situation (self-supported my tuition and was unable to pay to register for my courses in Spring'11, due to a family crisis). Foolishly, i had not talked with my DSO and remained in the states for 5 months, as i falsely believed that i would be able to reinstate my status by finding appropriate funding within 5-months. Unable to do so, I had left US by 10th May 2011 on my own accord and returned to my country. Since then i have finished my Master's degree and worked for 4 years in my country. I have now re-applied for a Doctoral program and have received a fully funded admit in the US. I am to apply for a F-1 Visa and have the following concerns,

    1) What impact would my out-of-status stay have on my current VISA application? (I have read that any overstay of over 6 months has a 3 year ban and overstay above 1 year has a 10 year ban) My overstay has been less than these above periods and am applying after over 7 years now.
    2) How should I answer the below question in my Visa application,
    Have you ever violated the terms of your VISA, or been unlawfully present in, or deported from, the US?
    Should i self declare my out-of-status stay.

    I am highly anxious and deeply regret my half-assed actions while dropping out back then. But i have come to understand regret is of little help in the present.

    Would love your views and opinions on my situation.

    Thanks in advance!

  • #2
    Originally posted by Saddy108 View Post
    1) What impact would my out-of-status stay have on my current VISA application? (I have read that any overstay of over 6 months has a 3 year ban and overstay above 1 year has a 10 year ban) My overstay has been less than these above periods and am applying after over 7 years now.
    There was never any ban. It's not "overstay" for 180 days/1 year, but rather, "unlawful presence" for 180 days/1 year. People on F1 generally don't start accruing "unlawful presence" no matter how many years they stay after they drop out or complete their studies. So there was never any ban. But not having a ban doesn't mean you will get a visa. It's all down to the officer's discretionary determination of whether you overcame the presumption of immigrant intent, and any past overstay can be a negative factor in that determination.

    Originally posted by Saddy108 View Post
    2) How should I answer the below question in my Visa application,
    Have you ever violated the terms of your VISA, or been unlawfully present in, or deported from, the US?
    Should i self declare my out-of-status stay.
    You haven't been "unlawfully present", but you have violated the terms of your visa, so you should say yes and disclose it honestly.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Thank you for your time and valuable insights. I would heed your advice and show my violation as i believe it to be the best option and let the chips fall where they may. I just have one final query regarding the following question in my DS-160,

      "Has your US VISA ever been cancelled or revoked?". Considering my scenario, having not received any further notice from the school, the immigration department or the consulate, what should be my answer be for this question. Has my previous VISA been automatically cancelled or revoked by my out-of-status stay?

      Comment


      • #4
        Originally posted by Saddy108 View Post
        Thank you for your time and valuable insights. I would heed your advice and show my violation as i believe it to be the best option and let the chips fall where they may. I just have one final query regarding the following question in my DS-160,

        "Has your US VISA ever been cancelled or revoked?". Considering my scenario, having not received any further notice from the school, the immigration department or the consulate, what should be my answer be for this question. Has my previous VISA been automatically cancelled or revoked by my out-of-status stay?
        No, it hasn't been cancelled or revoked.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X