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Success Story: F-1 Approval after Port-of-Entry Denial

  • December 7, 2020
150 150 Murthy Immigration Services

The Murthy Immigration Services is proud to report that we have recently successfully helped a student with F-1 visa application, after the foreign national’s prior F-1 visa was revoked and he was sent back from the U.S. port of entry. We appreciate the client for allowing us to share his story to help others. Information about clients is kept strictly confidential and is never shared without their explicit permission.

Case Background

Applicant completed his master’s degree from a well reputed University in the U.S. with an excellent GPA. Upon graduation, the applicant sought to utilize his optional practical training (OPT) in the U.S. He worked briefly with couple of employers and since he could not find any intellectual satisfaction, the applicant moved on to another employer pursuant to the F-1 OPT.

While returning from abroad after a brief vacation with his family, he was taken into secondary inspection at the port of entry. Based on available information on their system, the applicant was informed that his F-1 visa was revoked due to his previous association with a dubious OPT employer. He was permitted to withdraw his application for admission into the United States. He was sent back on the next flight back to his home country with his family.

MISPL Helped Identify and Address Core Issue

Attorneys at MISPL, after a careful review of documents issued at the port of entry and prior immigration history, identified that the applicant was a victim of circumstances. As soon as the applicant recognized the slightest of signs that something was amiss, he made attempts to move to a different employer.

We helped the applicant provide an accurate explanation relating to his visa revocation, withdrawal of admission and the current purpose of his visit to the U.S. We warned him that he should expect multiple rounds of interviews and the possibility of the case being referred to the fraud prevention unit. The applicant believed he received genuine job offers from these two employers and the moment he noticed that the  projects were not assigned to him as promised, he moved to a different employer. We advised the applicant to be honest at all times and not to withhold any material information from the consular officer, as that could be detrimental to his case.

Multiple Rounds of Interview and INA 221(g) 

Due to this COVID-19-pandemic, securing his visa interview was the first uphill task. Once we secured the visa appointment, at the personal interview, the consular officer reviewed the non-immigrant visa application form DS160, which was followed by several rounds of interviews. After the questioning, it became apparent that the applicant was in fact a victim. However, his case was referred to the fraud prevention unit as expected to verify his statements at the port of entry and to understand if applicant was ever a burden on U.S. public funds and if he was involved in unauthorized employment in the U.S. He was also issued an INA 221(g), which his Attorney at MISPL helped respond with accurate facts. After several rounds of interviews, both in-person and over phone his visa was finally issued. The visa applicant has now resumed his OPT employment in the U.S.

Conclusion

We are excited that we were able to help the F1 OPT student obtain his F1 visa, allowing him to return to his post completion OPT employment in the U.S.

These examples of success, helping individuals and families by impacting their lives in deep and meaningful ways, give greater meaning to our work each day at the MISPL. We thank our clients for giving us the opportunity to help them and their families.