I need your advise on what next to do. I entered into the US on F1 visa but due to a sudden incident when i got into the state, I was unable to pay the tuition no more and i couldn't go to the school. I later applied for adjustment of status though marriage but unfortunately, my application was denied because records show i did not go to the school i came to the united state for. USCIS concluded that i committed fraud/misinterpretation in order to obtain a visa to the united state, therefore they regarded me as inadmissible to the state. I was told i may submit application for waiver of Grounds of inadmissibility. my marriage to my wife is real and now we are expecting a baby. What document can i show them so they could waive my ground of inadmissibility. Please your advice is needed.
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Help!!! Green card denied cause i didnt attend school
- Thread starter shewhy
- Start date
Jackolantern
Registered Users (C)
To obtain the F1 visa, you had to prove that you already had the funds to pay for the whole first year. And all of a sudden you couldn't pay for even one semester? What happened all of a sudden that stopped you from being able to pay the tuition?
If you have justifiable reasons (with evidence) for why you were suddenly unable to attend school, you can challenge the denial by filing a Motion To Reopen (MTR); seek to convince them that you entered the US with the bona fide intention of attending school therefore you're not inadmissible.
They will be interested in what steps you took after your initial failure to attend. For example, did you ask the university to defer your enrollment to a future semester? Did you apply for scholarships? Did you eventually attend school in a later semester (and before the green card interview)? How long was it between your entry to the US and getting married and applying for the green card?
If the MTR fails, you can appeal it. If appeals fail, then you're stuck with trying for the waiver of inadmissibility which is VERY difficult to get. And you'll need a lawyer.
If you have justifiable reasons (with evidence) for why you were suddenly unable to attend school, you can challenge the denial by filing a Motion To Reopen (MTR); seek to convince them that you entered the US with the bona fide intention of attending school therefore you're not inadmissible.
They will be interested in what steps you took after your initial failure to attend. For example, did you ask the university to defer your enrollment to a future semester? Did you apply for scholarships? Did you eventually attend school in a later semester (and before the green card interview)? How long was it between your entry to the US and getting married and applying for the green card?
If the MTR fails, you can appeal it. If appeals fail, then you're stuck with trying for the waiver of inadmissibility which is VERY difficult to get. And you'll need a lawyer.
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TheRealCanadian
Volunteer Moderator
You need to provide clear documentation about your inability to pay for school. What was the reason you could not?
My father was supposed to be my sponsor. The funds was available before i left home but unfortunately there was a great flood that affected my house back home so my dad couldn't afford to renovate the house and as well pay for my tuition. I didn't attend any school in the US since then because i was out of status. I got married exactly a year after i got to the United state. I talked it with the school with the reason i couldn't come for classes no more. Its an aviation school and the tuition is so high. Its also a year program which means i have to pay all the money asap. That makes it so hard for me so i have to quit the program. My intention was i will go back to the sch after i get my green card and qualifies for financial aid but now the green card is hard to get
Jackolantern
Registered Users (C)
If the flood occurred after your arrival date in the US but before the deadline to pay for classes, you might succeed with the MTR if you present sufficient evidence of those facts, such as:
- Newspaper pages describing the flood
- Evidence that the house was in the area of the flood (e.g. property ownership or tax documents, father's driver's license with an address in the affected area)
- Pictures of the damage to his house
- Insurance appraisals of the damage
- Repair bills
- Evidence of what he paid out of pocket (copies of canceled checks, bank statements)
That still might not be good enough, because if you're unexpectedly unable to attend classes right after your first arrival with the student visa, you're supposed to leave the US until circumstances enable you attend. So you should also emphasize that the flood made it problematic to return to live in your country at that time.
I also suggest consulting a lawyer, either to directly prepare the MTR, or to advise you on preparing the MTR and to review it before you submit it. The MTR is much quicker and easier than an appeal in court, so if you can win at this level it'll save you from the greater expense and headache of fighting it at another level.
Did you quit the school altogether, or did you ask them to delay your start to a future date? If you requested a future start date and have evidence of that, that helps with showing that you had the bona fide intention to study.
- Newspaper pages describing the flood
- Evidence that the house was in the area of the flood (e.g. property ownership or tax documents, father's driver's license with an address in the affected area)
- Pictures of the damage to his house
- Insurance appraisals of the damage
- Repair bills
- Evidence of what he paid out of pocket (copies of canceled checks, bank statements)
That still might not be good enough, because if you're unexpectedly unable to attend classes right after your first arrival with the student visa, you're supposed to leave the US until circumstances enable you attend. So you should also emphasize that the flood made it problematic to return to live in your country at that time.
I also suggest consulting a lawyer, either to directly prepare the MTR, or to advise you on preparing the MTR and to review it before you submit it. The MTR is much quicker and easier than an appeal in court, so if you can win at this level it'll save you from the greater expense and headache of fighting it at another level.
Did you quit the school altogether, or did you ask them to delay your start to a future date? If you requested a future start date and have evidence of that, that helps with showing that you had the bona fide intention to study.
Last edited by a moderator: