If someone's F1 is terminated and he goes out of status and returns back to home country India for stamping F1 again for different course. In this case does Visa Officer comes to know that student's earlier F1 Visa and Sevis were terminated?
The US Consulates around the world should have access to the information about an applicant's visa history, including termination of a previous F-1 visa. A consular officer would likely have access to the information. Whether the consular officer actually reviews the information that is available is another question that would depend on how diligent the officer is. It would be safe to assume that the consular officer will be aware of past visa history. Best wishes.
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Consular Officers do have access to an alien's administrative record, but it all depends on whether the officer actually reviews the record when you re-apply for another visa.
The law says that you can be refused a visa under section 212(a)(9)(B)(i) if you stayed in the United States after the expiration date for the period of stay authorized by Customs and Border Protection, without the required authorization to extend your stay.
When denied a visa for unlawful presence, you are ineligible for a visa for the following length of time:
- If unlawfully present in the United States for 180 days or longer but less than one year, you are ineligible for a visa for 3 years after departure from the United States; or
- If unlawfully present in the United States for one year or longer, you are ineligible for a visa for 10 years after departure from the United States.
The information given on this website is for general informational purposes only and is not, nor is it intended to be, legal advice. You should consult an attorney for individualized advice regarding your own unique situation. No attorney-client relationship is formed between Dacin Immigration PLLC and you by viewing this information.
Questions phrased like this always make me leery. The consular officer should be able to determine that you were out of status and should follow-up with questions to determine if a person is eligible for what s/he is now applying for. An applicant should never try to out-smart or avoid truthfully answering consular questions or accurately completing immigration application forms.
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