QUESTION

Does termination of F1 due to school suspension equals revocation or cancellation?

Asked on Oct 04th, 2019 on Immigration - New Hampshire
More details to this question:
I was suspended by the school and my F1 visa was terminated last year. Now I am applying for a green card under EB2 category. My I 140 is already approved and I am trying to fill out the DS 260 form. I wonder if I should report the incidence and how will it affect my application.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
An F-1 student is in violation of status when he or she no longer studies at the school. The DS-260 asks questions concerning violations of legal status in the country. You should report the situation of your F-1 visa. I note that although the Administration wishes to punish F-1 students for past transgressions, court orders have prevented the policy from being implemented. An F-1 student would not be barred for past illegality unless the individual was unlawfully present for 180 days (three-year bar) or one year (10 year bar) AND U.S.C.I.S. gave him or her a denial decision or there was a negative ruling by an immigration judge. 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.  
Answered on Nov 03rd, 2019 at 6:12 PM

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