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Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29027
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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J-1 terminated

Customer Question

J-1 terminated
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.Did you get the F1 for a different school?Did the consul cancel the J1 visa in your passport?Did you enter with the f1 visa and the I-20?Judith
Customer: replied 1 year ago.
I got F-1 for the same school. Yes, the consul cancelled my J1 visa in my passport, and I enter with the F1 visa and the I-20.
Customer: replied 1 year ago.
Thanks
Expert:  Judith Ludwic replied 1 year ago.
And to be certain the school did not tell you that they cancelled your F1 SEVIS record?It is very odd that the same school which has the same office processing I-20s and DS-2019s would not be award they issued you an I-20 and failed to terminate their own DS-2019 and then blame you for violating their rules??That makes no sense.You did everything by the book.They had the responsibility to look at your SEVIS record when issuing the I-20.You may have violated their rules and you need to ask them for those rules in writing because you did not violate any immigration laws.You left the US.You lawfully obtained an I-20 for F1 status.Your J1 visa was cancelled by the consul.You no longer held J1 status.You came back to the US on valid F1 visa and I-20.As required by immigration laws you informed the school of your arrival within 30 days of entering on their F1 and enrolled in school.I do bot see where you have violated any immigration laws.As long as they terminated only the J1 and did not terminate your F1 you have not violated any immigration laws.Ask for the supervisor of the International Program and question them why they did not cancel your J1 SEVIS when they issued you the F! in your SEVIS record.Ask them to give you a written copy of the violation they allege you have committed because you have done everything according to immigration laws, including obtaining the appropriate I-20 from them to use for getting an F1 visa and entering on that F1 visa and notifying them of your entry and enrolled as required.Someone in the international office is not being reasonable with you about threatening you with a violation. There is nothing more you could have done to do this right.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 1 year ago.
The sponsor that issued me DS 2019 is different from the school that issued me I-20.
Expert:  Judith Ludwic replied 1 year ago.
You said to me"I got F-1 for the same school. " Now you have me confused.If the J1 and F1 came from the same school it is the same SEVIS record and they should know about your SEVIS history with them. Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 1 year ago.
I studied in the same school, but the school was not the one who issued me the first DS 2019. The DS 2019 was issued to me from the previous sponsor, and on the DS 2019 listed the school I enrolled so far.
Expert:  Judith Ludwic replied 1 year ago.
I'm sorry, I am very confused.You need to give me chronological history with dates, schools and status.I will be off line for about 2 hours.Judith
Customer: replied 1 year ago.
Sorry for the confusion. The sponsor A issued me a DS-2019 to study in school B from 2011-2016 under J-1 status managed by sponsor A. In summer 2015, I came back my country with I-20 issued by school B and interviewed for F-1 visa, then went to the US under F-1 status in school B again. I hope that it is clear now.
Expert:  Judith Ludwic replied 1 year ago.
OK, than I don't see what the issue is with Sponsor A having a problem with you getting School B to issue you an I-20 and you getting a new F1 visa using that I-20 and entering as an F1. The last action rule would then negate the J1 and it's SEVIS record when you entered with F1 visa after J1 visa cancelled.There is no immigration law that prohibits you from doing what you did.Sponsor A is probably angry because they loose out on fees as J sponsor but that is not a violation of US immigration laws.You did not the consul, CBP or school B.Ask Sponsor A to provide you with the legal citation of your immigration law violation or you will hire an attorney to file a complaint with SEVP about their practices and to have them debarred from J1 program.You did nothing wrong or DOS would not have given you the visa and CBP would not have allowed you entry.This will not effect your future application for green card.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 1 year ago.
I departed the US without informing my sponsor, since I though I will come back under F-1. After coming back the US, I told them I want to withdraw from their program, and they said I had violate their rules/conditions. Actually, there is a term in the contract I signed with them saying that I have to get permission from them if I travel internationally. Do you think this could be a ground for termination (instead of withdraw as my request)? Also, they did not let me know they terminated my SEVIS (last summer) until I asked them recently. Is their action acceptable?
Expert:  Judith Ludwic replied 1 year ago.
Two different issues here:1. Did you violate US immigration law by departing the US without informing the J1 program sponsor as per your contract with them?2. Did you fiolate US immigration law by departing the US without informing the J1 program sponsor but applying for and legally obtaining an F1 visa stamp from a US consul allowing you to enter and enroll in the F1 educational program as per the lawfully obtained I-20?Violation of the J1 contract is grounds for the program sponsor to terminate your J1 program and SEVIS status as a J1.However, you had already abandoned the J1 program and J1 status by applying for and obtaining an F1 visa with a lawfully obtained I-20 and using that F1 visa stamp to enter the US legally after abandoning your J1 status and having your J1 visa cancelled by the US consul.I am not a contracts attorney.I am an immigration attorney and under US immigration law you did not violate US immigration law by abandoning your claim to J1 status, having your J1 visa cancelled by the US consul and subsequently obtaining an F1 visa stamp based on a lawful I-20 and entering the US using the valid and lawful I-20 and f1 visa stamp.The subsequent termination of your J1 SEVIS is of no consequence because you had taken preemptory action to have your j1 visa cancelled which would automatically cancel your SEVIS as J1.Their action to terminate your J1 has no bearing on your last action entering the US under a different visa status - a valid F1 under a valid I-20 and lawfully issued F1 visa stamp.You are in lawful F1 status because that is the last action taken with regards ***** ***** entry into the US and unless and until the school terminates your F1 SEVIS record you hold valid F1 status regardless of breach of contract. That contract was between you and the J1 sponsor and not between you and USCIS.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 1 year ago.
Thanks you for your detail information. Also, I did not know what my previous sponsor put as remark in my J-1 SEVIS record.Should I ask them about this and what is the best way to ask? In my case, what should I answer for this question: "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" I know that I do not unlawfully present, or overstayed; but not sure about violated the terms of a U.S. visa if violating sponsor's terms and rules which resulting in SEVIS termination?
Customer: replied 1 year ago.
Also, in your previous answer, you said "The subsequent termination of your J1 SEVIS is of no consequence because you had taken preemptory action to have your j1 visa cancelled which would automatically cancel your SEVIS as J1." Can you please give more explanation on this statement? The consul cancelled my J-1 visa on May 2015, but when I told the sponsor on July, 2015, they said that my J-1 SEVIS was still active at that time. So I am confusing of cancelling J-1 visa and J-1 SEVIS is still active...
Expert:  Judith Ludwic replied 1 year ago.
Your question is not making sense.how can you be unlawfully present or an overstay when you have entered on a valid F1 visa with a valid I-20?You are here lawfully.I really cannot add any ore here. There is no immigration violation.
Expert:  Judith Ludwic replied 1 year ago.
It is irrelevant that the SEVIS was active when you were not even in the country and when you did enter you entered with a different SEVIS for F1. So your last action rule is that the F1 over rode the old J1.I cannot continue this because you are just going in circles.Judith
Customer: replied 1 year ago.
I am sorry for the going in circles due to my lacking of legal knowledge. But I really don't know how to answer this question "Have you ever violated the terms of a U.S. visa?" based on your explanation. I am wondering if the sponsor's rule violation leading to J-1 SEVIS termination is considered as violating the terms of a U.S. visa (J-1) or not?
Expert:  Judith Ludwic replied 1 year ago.
I have stated above that you have not violated any US immigration laws. You were and are in lawful status and have never been in unlawful status.Judith
Customer: replied 1 year ago.
Thank Judith for the answer. Even I did everything lawfully, but my SEVISs history still has a previous terminated J-1 record. I am wondering how does this fact affect on my future visa application/ reentry the US?
Customer: replied 1 year ago.
Can someone help me on this question, please?