Legal Question in Immigration Law in Virginia

f1visaviolation

I entered the US on J1 visa, then applied for F1-student visa. F1 visa does not have an expiration date, it just says:valid for duration of status, which means if you stop going to scholl you lose the status. I took one semster i college and quit. 2 years later I got married, went for a green card interview, the only problem was my ''F1 visa violation'' the immigration oficer said. He asked for my college transcripts , proving that I went to school all this time before I got married.He said that ''status violation'' is difftrent from just expired visa, and more serious.As far as I know if you get married to the US citizen donot and you have a criminal record, you still get a gren card, unless you entered the country illigaly. My question is :Was the law changed just riecenlty if yes what is the new law? What are my options? Are their any sercumstances that could be used as an ''excuse'', Or I am going to be deported from the US even being married?

Thank you


Asked on 12/05/05, 11:15 pm

1 Answer from Attorneys
Vincent Martin Hellmuth & Johnson PLLC

Re: f1visaviolation

The law has not changed. If you entered the U.S. legally, you are eligible to apply for adjustment of status based on marriage to a U.S. citizen. However, if your J-1 status had a two-year foreign residency requirement, this would be an issue.

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Answered on 12/19/05, 12:37 pm


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