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Can I still get my visa renewed if I have not reimbursed the public high school that I attended being an F-1 student?

Cliffside Park, NJ |

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.

Attorney Answers 4

Posted

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.

This is general information, not legal advice, and does not create an attorney client relationship.

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Kevin Lawrence Dixler

Kevin Lawrence Dixler

Posted

Typo due to faulty iPhone diction. "There [can] be complications.

Asker

Posted

This is an interesting explanation. The most interesting part is that USCIS never mentioned Sec 214(M)

Alexander Joseph Segal

Alexander Joseph Segal

Posted

(m) 5/ (1) An alien may not be accorded status as a nonimmigrant under 5a/ clause (i) or (iii) of section 101(a)(15)(F) in order to pursue a course of study- (A) at a public elementary school or in a publicly funded adult education program; or (B) at a public secondary school unless- (i) the aggregate period of such status at such a school does not exceed 12 months with respect to any alien, and (ii) the alien demonstrates that the alien has reimbursed the local educational agency that administers the school for the full, unsubsidized per capita cost of providing education at such school for the period of the alien's attendance.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

It is actually a very good point made by my colleague. I always learn something in these interactions. I did not see the Constitutional issue before. I see it now. Very interesting outlook. To the asker, they do not have to mention anything. The very need to reimburse the lies in the foundation of your question was not a birth feature of yours but came to you as a result of some explanation of someone. That information comes from the very section of the INA.

Asker

Posted

Do you think that there is a chance I can get my visa renewed if I present a letter from the school stating that I do not have to pay?

Posted

That depends on the conditions set forth in the i 20

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

the High School did not have a SEVIS account

Posted

What does the I-20 say?

This is not legal advice and no attorney-client relationship has been formed. Then only way to do that would be to to retain my office; if you are interested in that, I can be reached at 703/885-0637.

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Asker

Posted

The High School I attended did not have a SEVIS account

Posted

Depends on conditions of i 20

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