Difficulties of trying to re-enter the United States after UNNJ

Many of the ex-students of UNNJ who have left are asking whether they will be able to come back. The question is very difficult to answer unless there is an analysis of the specific situation in which the UNNJ students were in while “attending” the school. First of all for those who are found to have defrauded or presented fraudulent documents to any government officials including the Department of Homeland Security, the Department of State and other government entities, they might find themselves in a situation of willful misrepresentation or fraud. See article on willful misrepresentation or fraud.

If the student or someone who has been enrolled in UNNJ and has left prior to April 5 2016 and tried to obtain a visa to re-enter either on H1B, H4 or another student visa and they have been found as someone who willfully misrepresented or committed fraud by lying or providing false information or documents, there is a big chance the visa will be denied. In the case, it is denied the State Department might allow the applicant to file for a non-immigrant 212 waiver. But sometimes the option of the waiver might just not be available.

For all the other students who did not face a deportation, left voluntarily or through a voluntary departure, the State Department might actually grant a visa to the applicants if they are applying especially on an H4 visa or other non-immigrant visa and even a new F1 student visa. But there is a ‘nightmare’ scenario which many might actually encounter. This nightmare situation is known as INA 221(g) and this means the person will be on administrative hold for a while. Section 221(g) of the Immigration and Nationality Act reads:

No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15) (B) or (F), if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.

Often times INA 221(g) is more painful than a denial because of the stress it causes in the waiting for the answer. In the past, people on INA 221g have actually waited more than one year to get a response.

We sincerely hope that many of the students who were just victims of the situation will actually be able to come back without any issues, however, as a matter of caution we are recommending people to talk to an attorney before they come back. There might be pending charges or other issues which can really make their lives difficult in America.

If you need help, please call us at (510) 742 5887 for a consultation.