An F1 visa, more commonly referred to as a student visa, is a type of legal immigration status conferred upon immigrants who come to the United States to study at a college, university or other similar educational institution. When someone is given a student visa, they are permitted to enter and remain within the United States for the duration of their studies. After their education is completed, they can remain for an additional 60 days, at which point they either need to obtain a different kind of visa to return to their country of origin.
In theory, the deported student should have been permitted to enter the country with his student visa. However, he was stopped before he ever technically entered the country and deported despite a 48-hour stay issued by a federal court judge. CBP says it never received notice of the stay, hence why it went through with deporting him. The federal judge, in response, declared the case moot, stating that because the student never entered US borders, he could no longer exercise jurisdiction and order the student returned. The student’s family and Northeastern University are now examining what options are available to bring the student back to the United States, so he can get the education he was promised.
There are hundreds of similar stories over the years where an immigrant was deported by CBP, Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS), notwithstanding a court order granting a stay of removal. In many cases, we have had success in bringing back an illegally or wrongly deported person. There can be negative immigration consequences for previous immigration fraud, misrepresentation or criminal history, even if such action occurred more than 20 years ago and even if you already received your lawful status or green card. If you or a loved one are concerned that you may be a target of immigration enforcement, it is important to be prepared and, in some cases, proactive.
The lawyers at Bretz & Coven, LLP are experienced in handling various immigration matters, including removal defense, asylum applications, visa applications, waivers and more. For more information or to schedule a consultation
at our New York City or New Jersey law office, call (212) 267-2555.