I was removed on my third trip to The U.S. I came to visit my boyfriend for 5 months and that was the only way to manage our relationship. I was removed because they found out I’ve worked there. I wasn’t originally planning but my boyfriend’s parents convinced me it’s okay and a lot of people work. The immigration checked my phone and found a text message from a co-worker. Then they cancelled my visa and gave me a 5 year bar. I was planning to go to university in 2018, I was already accepted. Is there a good chance to receive a student visa for me? What should I do in order to receive a visa?
I do not believe that there is a good chance that you will be allowed to obtained a student visa under the circumstances that you have described. A student visa is one that requires nonimmigrant intent, and the fact of your having worked on your last visit would give many consular officers doubt as to whether you could be trusted not to work or attempt to remain permanently in the US if you had a student visa. In addition, you are under a five-year bar which would require a waiver by U.S.C.I.S. following a consular recommendation that a waiver be approved. If you decide to do it, you would apply for a student visa, be denied, and hopefully given the opportunity by the consular officer to apply for a temporary waiver of the five year bar.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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