Maraki25

Can anyone tell me what this means and what the consequences are? My
friend was sent back to his home country after trying to come back to
the US. They said that he was out of status on his F-1 visa and he
signed a form I-275. On her visa/passport, they wrote "cancelled I-275"
then something that looks like "seved" or "served" and then
"ZZCFR41.122(H)(3).

If she gets another I-20 issued and goes to the embassy in her home
country, will she be able to get another F-1 visa?

Will the immigration officers send her back again when they see this
information on her passport?

Thanks!

Maraki25

    > Can anyone tell me what this means and what the consequences are? My
    > friend was sent back to his home country after trying to come back to
    > the US. They said that he was out of status on his F-1 visa and he
    > signed a form I-275. On her visa/passport, they wrote "cancelled I-
    > 275" then something that looks like "seved" or "served" and then
    > "ZZCFR41.122(H)(3).
    > If she gets another I-20 issued and goes to the embassy in her home
    > country, will she be able to get another F-1 visa?
    > Will the immigration officers send her back again when they see this
    > information on her passport?
    > Thanks!

Sorry, I think it should read "22CFR41.122(H)(3)

Honeymommy

    > Can anyone tell me what this means and what the consequences are? My
    > friend was sent back to his home country after trying to come back to
    > the US. They said that he was out of status on his F-1 visa and he
    > signed a form I-275. On her visa/passport, they wrote "cancelled I-
    > 275" then something that looks like "seved" or "served" and then
    > "ZZCFR41.122(H)(3).
    > If she gets another I-20 issued and goes to the embassy in her home
    > country, will she be able to get another F-1 visa?
    > Will the immigration officers send her back again when they see this
    > information on her passport?
    > Thanks!

I-275.... The I-275 is a cancellation form and your visa was cancelled
pursuant to 22CFR 41.122(h)(3): "The alien is notified pursuant to INA
235(b) by an immigration officer at a port of entry that the alien
appears to be inadmissible to the United States and the alien requests
and is pranted permission to withdraw the application for admission."

ZZCFR41.122(H)(3). is the applicable section of law.

I have read that it is possible to return with the correct
paperwork/visa to enter after being sent back....

My advise would be to contact an immigration lawyer.....


The information I have supplied comes from articles and immigration
sites on the web. I am not qualified in any way regarding immigration so
please don't take this as definate... LOL
Little disclaimer moment....

Crg14624

    > Can anyone tell me what this means and what the consequences are? My
    > friend was sent back to his home country after trying to come back to
    > the US. They said that he was out of status on his F-1 visa and he
    > signed a form I-275. On her visa/passport, they wrote "cancelled I-
    > 275" then something that looks like "seved" or "served" and then
    > "ZZCFR41.122(H)(3).
    > If she gets another I-20 issued and goes to the embassy in her home
    > country, will she be able to get another F-1 visa?
    > Will the immigration officers send her back again when they see this
    > information on her passport?
    > Thanks!

What 212(a) section did they charge her with? She must have had
some sort of violation. Was she not attending the right school,
enough courses, or working without authorization? Did she have a
marriage planned?

There has to be much more to this story.

The rest of the story will dictate what her chances are of getting
a new visa.

Maraki25

    > What 212(a) section did they charge her with? She must have had some
    > sort of violation. Was she not attending the right school, enough
    > courses, or working without authorization? Did she have a marriage
    > planned?
    > There has to be much more to this story.
    > The rest of the story will dictate what her chances are of getting a
    > new visa.

She didn't get good grades and was dropped from the university. Then she
stayed in the US (illegally) for a year while she tried to figure out
what to do. I know it's not a good situation, nor was a bright idea. Now
she is trying to put her life back together. If she applies to a school,
get accepted and gets an I-20, what do you think the chances of getting
a F-1 visa are? Also, how about at the POE when they see the I-275 on
her passport?

Honeymommy

    > She didn't get good grades and was dropped from the university. Then
    > she stayed in the US (illegally) for a year while she tried to figure
    > out what to do. I know it's not a good situation, nor was a bright
    > idea. Now she is trying to put her life back together. If she applies
    > to a school, get accepted and gets an I-20, what do you think the
    > chances of getting a F-1 visa are? Also, how about at the POE when
    > they see the I-275 on her passport?

Illegal for a year.... Then slim chance....

They wouldn't let someone in on a temporary visa knowing they had
allready stayed illegally previously....

From what I understand there is usually an automatic ban on overstay...
Up to 1 y is a 3 yr ban and over 1 yr is up to a 10yr ban or more
depending on the severity of the case....

You need an immigration lawyer.....

Maraki25

    > Illegal for a year.... Then slim chance....
    > They wouldn't let someone in on a temporary visa knowing they had
    > allready stayed illegally previously....
    > From what I understand there is usually an automatic ban on
    > overstay... Up to 1 y is a 3 yr ban and over 1 yr is up to a 10yr ban
    > or more depending on the severity of the case....
    > You need an immigration lawyer.....

Right, I thought the same thing. However, the immigration officers who
handled her case at the POE and sent her back told her that by signing
the Form I-275, she wouldn't have the ban! This is why I'm so confused.
They specifically told her that she should go back and get another F-1.
Were they just playing with her head trying to make it sound like it
would happen?
Please advise.

Maraki25

    > Right, I thought the same thing. However, the immigration officers who
    > handled her case at the POE and sent her back told her that by signing
    > the Form I-275, she wouldn't have the ban! This is why I'm so
    > confused. They specifically told her that she should go back and get
    > another F-1. Were they just playing with her head trying to make it
    > sound like it would happen?
    > Please advise.

By the way, its CFR 41.122(H)(3)....this is all new to me and I can't
get it straight.

Honeymommy

    > By the way, its CFR 41.122(H)(3)....this is all new to me and I can't
    > get it straight.

Here's the code explained.

[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.122]

[Page 216-218]

TITLE 22--FOREIGN RELATIONS

CHAPTER I--DEPARTMENT OF STATE

PART 41_VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION
AND NATIONALITY ACT, AS AMENDED--Table of Contents

Subpart L_Refusals and Revocations

Sec. 41.122 Revocation of visas.

(a) Grounds for revocation by consular officers. A consular officer
is authorized to revoke a nonimmigrant visa issued to an alien
if:
(1) The officer finds that the alien was not, or has ceased to be,
entitled to the nonimmigrant classification under INA 101(a)(15)
specified in the visa or that the alien was at the time the visa
was
issued, or has since become, ineligible under INA 212(a) to
receive a
visa, or was issued a visa in contravention of INA 222(g)
(2) The visa has been physically removed from the passport in which
it was issued prior to the alien's embarkation upon a continuous
voyage
to the United States; or
(3) For any of the reasons specified in paragraph (h) of this
section if the visa has not been revoked by an immigration
officer as
authorized in that paragraph.

[[Page 217]]

(4) The visa has been issued in a combined Mexican or Canadian B-1/
B-2 visa and border crossing identification card and the officer
makes
the determination specified in Sec. 41.32(c) with respect to the
alien's Mexican citizenship and/or residence or the
determination
specified in Sec. 41.33(b) with respect to the alien's status as
a
permanent resident of Canada.
(b) Notice of proposed revocation. When consideration is being given
to the revocation of a nonimmigrant visa under paragraph (a)(1)
or (2)
of this section, the consular officer considering that action
shall, if
practicable, notify the alien to whom the visa was issued of
intention
to revoke the visa. The alien shall also be given an opportunity
to show
why the visa should not be revoked and requested to present the
travel
document in which the visa was originally issued.
(c) Procedure for physically cancelling visas. A nonimmigrant visa
which is revoked shall be canceled by writing or stamping the
word
``REVOKED'' plainly across the face of the visa. The
cancellation shall
be dated and signed by the officer taking the action. The
failure of the
alien to present the visa for cancellation does not affect the
validity
of action taken to revoke it.
(d) Notice to carriers. Notice of revocation shall be given to the
master, aircraft captain, agent, owner, charterer, or consignee
of the
carrier or transportation line on which it is believed the alien
intends
to travel to the United States, unless the visa has been
physically
canceled as provided in paragraph (c) of this section.
(e) Notice to Department. When a visa is revoked under paragraph
(e)(1) or (2) of this section, the consular officer shall promptly
submit notice of the revocation, including a full report on the
facts in
the case, to the Department for transmission to INS. A report is
not
required if the visa is physically canceled prior to the alien's
departure for the United States except in cases involving A, G,
C-2, C-
3, NATO, diplomatic or official visas.
(f) Record of action. Upon revocation of a nonimmigrant visa under
paragraph (a)(1) or (2) of this section, the consular officer
shall
complete for the post files a Certificate of Revocation by
Consular
Officer which includes a statement of the reasons for the
revocation. If
the revocation is effected at other than the issuing office, a
copy of
the Certificate of Revocation shall be sent to that office.
(g) Reconsideration of revocation. (1) The consular office shall
consider any evidence submitted by the alien or the alien's
attorney or
representative in connection with a request that the revocation
be
reconsidered. If the officer finds that the evidence is
sufficient to
overcome the basis for the revocation, a new visa shall be
issued. A
memorandum regarding the action taken and the reasons therefor
shall be
placed in the consular files and appropriate notification shall
be made
promptly to the carriers concerned, the Department, and the
issuing
office if notice of revocation has been given in accordance with
paragraphs (d), (e), and (f) of this section.
(2) In view of the provisions of Sec. 41.107(d) providing for the
refund of fees when a visa has not been used as a result of
action by
the U.S. Government, a fee shall not be charged in connection
with a
reinstated visa.
(h) Revocation of visa by immigration officer. An immigration
officer is authorized to revoke a valid visa by physically
canceling it
in accordance with the procedure prescribed in paragraph (c) of
this
section if:
(1) The alien obtains an immigrant visa or an adjustment of status
to that of permanent resident;
(2) The alien is ordered excluded from the United States pursuant to
INA 235(c) or 236;
(3) The alien is notified pursuant to INA 235(b) by an immigration
officer at a port of entry that the alien appears to be
inadmissible to
the United States and the alien requests and is granted
permission to
withdraw the application for admission;
(4) A final order of deportation or a final order granting voluntary
departure with an alternate order of deportation is entered
against the
alien pursuant to INS regulations;
(5) The alien has been permitted by INS to depart voluntarily from
the United States pursuant to INS regulations;

[[Page 218]]

(6) A waiver of ineligibility pursuant to INA 212(d)(3)(A) on the
basis of which the visa was issued to the alien is revoked by
INS;
(7) The visa is presented in connection with an application for
admission to the United States by a person other than the alien
to whom
it was issued; or
(8) The visa has been physically removed from the passport in which
it was issued.
(9) The visa has been issued in a combined Mexican or Canadian B-1/
B-2 visa and border crossing identification card and the officer
makes
the determination specified in Sec. 41.32(c) with respect to the
alien's Mexican citizenship and/or residence or the
determination
specified in Sec. 41.33(b) with respect to the alien's status as
a
permanent resident of Canada.

[52 FR 42597, Nov. 5, 1987, as amended at 63 FR 16895, Apr. 7, 1998; 66
FR 10364, Feb. 15, 2001; 66 FR 38544, July 25, 2001; 67 FR 66046, Oct.
30, 2002]

It basically states.....
They found the person not elidgible to use the visa as not in school....
Which is Sec. 41.122

They revoked the visa, cancelling it... Which the H part of the code

The person was granted or requested permission to withdraw....
Which is part 3

It is not up to them if the person is barred from return, their job is
to just not let a person in based on the reasons above... The barring
decision is up to the immigration office......

Only an immigration lawyer can advise on your best course of action....

This is not something I would advise a person to try to sort out
alone... Too complicated.......

So it may cost a few dollars to hire a lawyer.. Better than making a
mistake and losing any chance if there is one.....

Crg14624

    > Illegal for a year.... Then slim chance....
    > They wouldn't let someone in on a temporary visa knowing they had
    > allready stayed illegally previously....
    > From what I understand there is usually an automatic ban on
    > overstay... Up to 1 y is a 3 yr ban and over 1 yr is up to a 10yr ban
    > or more depending on the severity of the case....
    > You need an immigration lawyer.....

She doesn't have a ban, but she shouldn't bother trying for another visa
for a few years anyway.

The 10 year bar for F-1 aliens is tricky. Unless the F-1 is found to be
out of status by an immigration judge, or is denied a change of status
then the 3 and 10 year bar doesn't kick in. This happens because the
alien isn't admitted until a specific date.

The officer told this person that signing the I-275 would prevent them
from being barred. They weren't speaking of the 3/10 year bar that
comes with 212(a)(9)(B)(i)(II) INA becuase it doesn't apply here. They
were speaking of the 5 year bar that comes with an order of expedited
removal. They could have ordered her removed for five years for seeking
admission as an F-1 when she wasn't coming as a student. They allowed
her to do an I-275 instead. She was smart to do the I-275 because they
had more than enough to hit her with an expedited removal order.

Even though she doesn't have a mandatory bar, she might as well forget
about studying in the United States again. Save money and skip the
immigration lawyer. I'd only recommend lawyers for those who are trying
to stay in the US, or navigate a difficult immigrant visa. The lawyer
isn't even allowed in the consulate or at the border, so it wouldn't
help much.

She violated the terms of her nonimmigrant status for more than a year,
she was probably working, and then attempted to enter with her F-1 to
NOT study some more. The consulate would laugh her out of the building
if she asked for another one visa. The I-275 notifies the consulate so
they would already be aware of what happened.