What is a Student Visa Abuser? Understanding INA 212(a)(6)(G).

What is a student visa abuser?

A student visa abuser is a person who obtains a student visa to enter a country, but then does not use it for its intended purpose of studying. Instead, they may work illegally, not attend classes, or engage in other activities that violate the terms of their visa.  A 212(a)(6)(G) charge comes with a five year ban from entering the United States.

What happens if you violate student visa?

If you violate the terms of your student visa, there are a number of potential consequences that may result. Some of the most common include:

  1. Revocation of visa: The U.S. Citizenship and Immigration Services (USCIS) has the authority to revoke your student visa if they determine that you have violated its terms. This can result in you being required to leave the country immediately.
  2. Ineligibility for future visas: If your student visa is revoked, you may be deemed ineligible for future immigration benefits, including future student visas.
  3. Deportation: If you are found to have violated the terms of your student visa, you may be subject to deportation proceedings.
  4. Barred from reentry: A violation of student visa can lead to a bar on reentry to the country, which can make it difficult or impossible for you to return to the United States in the future.
  5. Criminal charges: In some cases, violating the terms of your student visa may be considered a criminal offense, which could result in fines, imprisonment or both.
  6. Academic penalties: Your school or university may also take action against you if you are found to be in violation of your student visa. This could include being expelled from the school or losing your scholarship.

Can F-1 students be deported?

Yes, F-1 students can be deported if they violate the terms of their visa or if they engage in certain criminal activities. Examples of such violations can include failing to maintain a full course of study, working without proper authorization, or committing a crime. If an F-1 student is facing deportation, they may be able to contest the decision through a process called “removal proceedings.”

Is there a waiver available for INA 212(a)(6)(G)?

Yes, the standard 212(d)(3) waiver is available but in situations where you feel that you did you violate the term of your F1 visa and you should not have been accused of being a student visa abuser, there is a path to challenge the 212(a)(6)(G) determination to get it removed from your record.

If you have a similar case, contact our office through our website or give us a call at 305 515 0613. We look forward to helping you win your case like we have for thousands of other clients.