How should I apply for a F1 visa if I have previous immigration history? 2 Answers as of July 14, 2011

I would like to bring to your notice that I entered the UK as a student in 2006 after obtaining entry clearance as a student. I had been studying on a full time basis during my stay in the UK. My leave to remain expired on the 30th April 2010. Unfortunately I couldn’t apply for my visa renewal by the end of April as I was physically unfit suffering from a severe knee pain due to which I was unable to walk. As soon as I recovered I submitted my application to UKBA on 5th of June 2010 with the fee and necessary documents. Although I was awarded the necessary points for my studies and funds, I was refused by the UKBA on 6th July 2010. This was due to the gap between my visa expiry and course commencement date. I never intended to stay illegally in the United Kingdom. I obtained Legal advice and approached the UKBA in order to make the necessary arrangements to leave the United Kingdom voluntarily at my own expenses. I came to Sri lanka on 20th of august 2010 and made a fresh application to the UK embassy on 2nd of December 2010 for the January semester. Again I was refused stating that I was an overstayer and any further application made will also be automatically refused for the same reason until 19th August 2011. Still I was awarded all the points which qualifies me for the student visa. Also I have the confidence that if I apply after 19th August 2011 the UK Embassy will grant me a visa. I have got all the necessary documents as evidence. But now I have changed my mind to continue my studies in the USA. I attended many US visa seminars at the US SLFC Sri Lanka which attracted me towards obtaining a US degree which leads to my career prospects in Sri Lanka. So now I have decided to study in USA which needs an F-1 student visa. I need some advice in this matter before I apply for an F-1 visa because I fear that my previous immigration history will affect my future. I am a genuine student who wants to complete a degree to reach my future goals at the earliest.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Just apply to the US without regurgitating all that history about the UK. We are 2 different countries and the UK do not decide what we do here. However if you are concerned about your UK history, then I suggest that you file for a student visa to the UK and get it as you are so certain you will and then right after that file for a US F-1 with the security of knowing that the UK visa history, now cured, will not affect your US application. That seems pragmatic to me and small price to pay for your stress level regarding this issue. Good luck!
Answer Applies to: California
Replied: 7/14/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I reviewed the facts below quickly as this is more extensive then what is usually handled on this website. It seems your visa refusal was into the UK and not into the U.S. so this should not have any effect on an application for a U.S. student visa but you would be best to pay an attorney to consult on the facts of your specific case. Were you ever charged criminally?
Answer Applies to: California
Replied: 7/12/2011
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