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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106879
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am/was a student in the US on F1 visa. My visa ended in May

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I am/was a student in the US on F1 visa. My visa ended in May 2013 (after 4 years). I still need 6 credits to finish my bachelor degree and received extension I-20 form from my school valid until December 2013. I was charged with Theft 3 crime in Oregon in 2010 (I stole couple of juices in a store - very sorry for that), I paid fine and completed community court.
I came back to my home country for summer and applied for new F1 visa. On the DS-160 form I admitted this. At the embassy, I was got a decision: "you are refused under Section 212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude". What are my options now?

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

You can re-apply for a new F-1 student visa and you can apply for a waiver under 212(d)(3) which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

http://www.state.gov/documents/organization/87150.pdf

or on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

 

If granted, you could then enter the U.S. on the F-1 visa.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 3 years ago.

Does this mean that I need to apply again for visa and apply for the waiver at the same time? Is it not possible to apply just for the waiver?

Yes, you must apply for the visa. You cannot just apply for the waiver by itself because you still need a visa. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
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