I entered on a lawful non-immigrant status (F-1) on September 2011 to study in an academy in NY which I did not attend. I resided with my uncle (US citizen) who became my legal guardian.After my uncle sent all the required docs to the Board of Education, I was registered in the 12 grade at the high school in my uncle's district and I graduated on June 2012. My student status terminated while attending this HS because it did not have a SEVIS and I applied to USCIS to get reinstated. August 2012 I attended Penn State University. March 2013 my application at USCIS was approved. I got reinstated to my student status. This summer I came back to my country to renew my visa. Visa was refused due to Sec 214(M). I asked the HS to reimburse it and they are saying that I do not have anything to pay.
The vice consular officials are correct. The secondary school is also correct. This is a conflict of laws between the State where you attended your high school and the federal government.
The state may argue that it was compulsory for you to attend high school when you were living in the United States. The federal government can argue that you were only allowed to attend a public high school for a maximum of one year out of valid I – 20 for that particular high school.
The law requires a person who attends a public high school to reimburse it for the costs, when they are not authorized to attend that high school. As a result, there can't be complications.
Such a situation may eventually set up the constitutional lawsuit. You should just discuss this matter with the ACLU office In San Francisco. You will have to persist in your concerns about this subsection of immigration law.
This may be an interesting Constitutional issue for it. However, if you cannot get pro bono legal representation, then it is going to be very costly and difficult to overcome INS section 214(m). Good luck.
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