Urgent situation

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f1study

Registered Users (C)
My friend got visa F1 to study in US. She was expelled after a month due to academic failure. She has a USC boyfriend, they plan to get married next year or after, but definitely not right now.

She is wondering what she should do:
- Plan A: stay in US, probably attend another school, get married next year or after. The question is: would she have problem when applying for green card?
- Plan B: come back to her home country. But she thinks it'll be very difficult for her to obtain visa to US again, because she was expelled.

Please advise!
 
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f1study said:
My friend got visa F1 to study in US. She was expelled after a month due to academic failure. She has a USC boyfriend, they plan to get married next year or after, but definitely not right now.

She is wondering what she should do:
- Plan A: stay in US, probably attend another school, get married next year or after. The question is: would she have problem when applying for green card?
- Plan B: come back to her home country. But she thinks it'll be very difficult for her to obtain visa to US again, because she was expelled.

Please advise!
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As soon as she is expelled, the International Student Office will report this information to USCIS/ICE or DHS (whichever). She has a certain number of days before she can leave the US without accumulating unlawful presence. Also, something is rather strange or missing, why would the school decide NOW to expel your friends, when they just started the Fall semester about 3 weeks ago? If she is being expelled, I am certain she was expelled at the end of th May semester due to poor academic performance. Either way, she will have to leave the US, I don't see another school accepting her now with such a poor academic record.

If she doesn't marry her boyfriend now, she can return home and he will file for a fiancee' visa for her when he is ready to get married. US Consulate won't deny a marriage visa. As of now, she on a clock from the immigration people, irrespective of when her student visa expires. She can't use the visa expiration date to remain in the US, only if you are attending school which is clear she is NOT.
 
Suppose she does stay and gets married with USC later, would she have problem when applying for green card?
She's more skewed to this direction.
 
f1study said:
Suppose she does stay and gets married with USC later, would she have problem when applying for green card?
She's more skewed to this direction.
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The question is, when did she get her F1 visa? How long was she in school before she was expelled? Marrying the boyfriend to remain in the US can be done, the question is: will USCIS find that their marriage was entered in good faith?

You evaded the questions I asked in my first response to you, which still need to be answered. You can try to protect your friend but USCIS is going to be bring out everything in the open. "Also, something is rather strange or missing, why would the school decide NOW to expel your friends, when they just started the Fall semester about 3 weeks ago? If she is being expelled, I am certain she was expelled at the end of th May semester due to poor academic performance." From my earlier post. For the record, I went to graduate school here and know that NO COLLEGE expels a student at the beginning of a semester for poor academic performance, because they wouldn't have allowed her to register for the Fall semester to begin with anyway. She threw a dirty thong in your face....mislead you...lol!!
 
She got a one-year F1 visa in July, came here in August, and got expelled after exactly 1 month. She stated the reason is purely academic failure, but wouldn't elaborate. Knowing her, I believe that she didn't have any brush with the law (like theft or drug or stuff like that).

Our major question is: In such situation (got F1 visa but stayed in school for only 1 month), would it be an obstacle when she stays and applies for green card few years from now?

(in other situations like mine - I came with F1 visa, stayed in school for few years then dropped out, when I married USC, my overstay was overlooked. But her situation is different: she stayed in school for only 1 month and got expelled)
 
Last edited by a moderator:
f1study said:
She got a one-year F1 visa in July, came here in August, and got expelled after exactly 1 month. She stated the reason is purely academic failure, but wouldn't elaborate. Knowing her, I believe that she didn't have any brush with the law (like theft or drug or stuff like that).

Our major question is: In such situation (got F1 visa but stayed in school for only 1 month), would it be an obstacle when she stays and applies for green card few years from now?

(in other situations like mine - I came with F1 visa, stayed in school for few years then dropped out, when I married USC, my overstay was overlooked. But her situation is different: she stayed in school for only 1 month and got expelled)
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The last course of action for her is to attempt to marry her boyfriend. It will be the worst thing for her young life, because she either acted like a drunk to be expelled from school in such a short span of time. Here is a problem, academic failure doesn't occur in the first month of any school, unless they asked her pass quizzes everyday. Like I said, she is lying to you like a rat... I can see US consulate claiming fraud in her case, she misled them about coming to do her studies, but she was only expelled in a month? I am sure she holds a record of the worst immigrant trying to achieve high educational qualification in the US. Do you know the second highest achievement group in academic studies where immigrants in this country? It is an old DoE report which I read couple of years ago.

If she had attended her college for at least till next Spring, then married her boyfriend, it wouldn't smell a skunk (immigration fraud to evade immigration laws), which is what she used her F1 visa for. If I were the IO adjudicating her case, I would deny her and take her into custody, deport her... lol!!! She is a classic example of what people shouldn't do with student visas, which makes it harder for people in their own home countries. Send her this link, which is for the US Embassy in Israel...about visa fraud and untruthfulness, and the reward it can bring you. This issue deals with illegal work by Israelis...

http://www.youtube.com/watch_popup?v=niTakyS1rbo
 
Only 1 month? Chances are it wasn't just academic failure; they don't even issue the grades in 1 month. She probably was skipping way too many classes, so the school kicked her out to avoid trouble from ICE, who has recently been clamping down on schools that are too lax on the attendance of their F-1 students. Months ago they arrested several so-called students and the owners of a school in Miami for such violations.

Due to that very short stay in school and the likely fact that her expulsion was reported to USCIS/ICE, it would look like student visa fraud if she stayed in the US to pursue a green card. She should leave the US and come back in a few months with a fiancee visa or immigrant visa. The expulsion won't stop her from getting either kind of visa if she leaves the US soon enough.
 
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