F-1 Visa

Immigration Impact of Crimes, Misdemeanor Conviction and Petty Offense Exception

In 2008 while I was working in gas station I was caught selling alcohol to minor. I was in student visa at that time and was getting paid in cash. This was unauthorized work. I was not arrested but went to the court and the final verdict of case came to attempt to sell alcohol to minor which falls into misdemeanor C. Right now I am in H-1B and I have filed my green card through my employment. My Labor and I-140 is approved and waiting for my PD date to be current to apply I-485. So what are my chances to get I-485 approved having that case in my past? I have got mixed answers from the attorneys I have contacted so far. Some said I should be fine and some said if USCIS ask about my work authorization at that time then my petition will be denied due to violating my F-1 status. Please let me know what you think. Will USCIS go further to ask that since you are selling alcohol on F-1, then you must have violated immigration law by being employed without work authorization?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=xp4B1_qhvtM#t=2538

 

FAQ Transcript

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Can I Travel Back On F-1 Visa If My Reinstatement Is Denied?

Do I have to get a new visa stamp for my F-1 or can I travel back using the same F-1 visa stamp if my reinstatement is denied? I fell out of status because I registered for less than a full course load.

In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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How to Enter The USA to Start A Business And Then Continue

I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.

There are several issues that should be examined before you can make an informed decision.

1.  B visa or ESTA does not allow you to “work:”

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Reentry for F-1 Nonimmigrants Traveling Outside the United States

What are the basic requirements for an F-1 to reenter the United States after traveling abroad on pleasure or personal business?

This section of the FAQ applies to continuing F-1 students who travel outside the United States for five months or less.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F-1 OPT Unpaid Employment Acceptable

We have won a series of cases where USCIS had earlier held that unpaid employment under OPT was legally unacceptable to maintain status.  We have argued that such holding is contrary to all law, policy and precedence.  Students are NOT required to engage in PAID employment.  All these cases were won after we filed our briefs pursuant to Motions to Reopen (MTR).

Team Notes: 
Nonimmigrant Visas: 

Please sign PETITION FOR REISSUANCE within the usa of H-1, F-1, and other NONIMMIGRANT VISAS

I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.

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