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Immigration Issues/Out of Status F1 to H4

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Question
My husband's F1 visa fall out of status (did not enroll) and stayed in US for quite some time before going back to our country.  When we had our interview for my H1B visa and his H4 visa, he was given a temporary refusal and asked to clear his school records first and go back with my I94. Actually I didn't understand what he needs to get from his school since he does not have plans to reinstate his F1 visa anymore.  What exactly does he need to do get/clear from his school? At this point, what can he do to avoid the penalty for staying out of status? Will the petition for his H4 override his F1 issues?

Answer
Normally when you overstay more than 6 months you are barred for 180 days and when you stay more than a year, you are barred for 10 years. However, when you come in on a F-1 with I-94 for D/s you are usually not subject to the bar. However in his case, he never enrolled or went to school so they may have an issue with visa fraud. I would call the Embassy and ask exactly what they want because the H4 will not be issued without clearing their mind on his F-1 issues.


Regards,

Robert  

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