I have an interesting case of a friend who was on F1 visa and due to family illness was not able to maintain classes and was put into deportation proceedings (miscommunication between college and INS). He went through the proceedings and was allowed to either take voluntary departure or be deported. He left voluntarily before being deported and reported to the consulate back home to prove that he left the US. The case was then closed.
Next his fiancee (USC) applied for a K1 visa which was approved in a year time but they split up and so he did not take the visa.
Now he wants to reapply for F1 visa (DePaul university, Chicago) and he is wondering how to answer some of the questions on the DS-156 form in order to get an appointment to the consulate.
The questions are:
Q 35: "Has your US visa ever been cancelled or revoked?"
- I think this would be a yes because he was out of status and put into deportation proceedings
Q 36: "Has anyone ever filed and immigrant visa petition on your behalf?"
- Here I dont know if the K1 visa is considered and immigrant visa petition.
Q 38(ii): "Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?"
- Would he say Yes because he was put into deportation proceedings. All the other conditions dont apply to him.
Q 38(iv): "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?"
- I dont know how to answer this one either. He was out of status during his F1 status but was he considered deported even though he took voluntary departure.
Any help would be greatly appreciated.
Thanks all.
Next his fiancee (USC) applied for a K1 visa which was approved in a year time but they split up and so he did not take the visa.
Now he wants to reapply for F1 visa (DePaul university, Chicago) and he is wondering how to answer some of the questions on the DS-156 form in order to get an appointment to the consulate.
The questions are:
Q 35: "Has your US visa ever been cancelled or revoked?"
- I think this would be a yes because he was out of status and put into deportation proceedings
Q 36: "Has anyone ever filed and immigrant visa petition on your behalf?"
- Here I dont know if the K1 visa is considered and immigrant visa petition.
Q 38(ii): "Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?"
- Would he say Yes because he was put into deportation proceedings. All the other conditions dont apply to him.
Q 38(iv): "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?"
- I dont know how to answer this one either. He was out of status during his F1 status but was he considered deported even though he took voluntary departure.
Any help would be greatly appreciated.
Thanks all.
Last edited by a moderator: