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Exchange student in USA doesn't have average C for all classes. Exchange organization revokes visa, High School says he can stay

Pacific Grove, CA |

The exchange organization dictates an average C for all classes at any time in the exchange year. Since the exchange student has an D+ (all other classes are OK!) the organization will revoke his VISA. Hower, the Counselor and Principle of the High School officially declare he is allowed to stay till the end of this high school year. If the students follows all lessons like at high school like he did in the official exchange program, is he allowed to stay in teh US? Has the exchange organization the power/right to revoke the visa despite the visa was granted to the student personally by the US ambassade in the home country (Europe) of the student?

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Attorney answers 2

Best Answer
Posted

He can stay enrolled in the school, but his immigration status will not be lawful if the agency sponsoring him (J visa?) revokes their sponsorship. He should talk to an attorney about this.

Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.

Asker

Posted

Thank you for your response. Indeed this is about a J visa. I don't understand why a commercial organization can revoke a visa that was granted to the the student by the US Government. Isn't this something that can only be done by the US Government itself?

Maria J. Marty

Maria J. Marty

Posted

Well yes, but my understanding is that the US DOS grants qualified organizations the right to determine whether an applicant qualifies for their program. So it would make sense that the program can revoke their sponsorship and at that time, your J-1 status would end. http://j1visa.state.gov/sponsors/

Asker

Posted

Thanks a lot for your answer!

Posted

The principal of the school has the power to define the student as in good standing for purposes of school enrollment. The principal has no power or authority to determine visa rights.

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Asker

Posted

Thanks for your reaction! Despite the fact the student is more than welcome at high school, a commercial organization arranging the exchange will revoke the visa. Is it true they can, as a "3rd party" can revoke the visa, it sounds logical that only the US Governement can do this since this is a right permitted by the them?

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