On April 10, 2015,

“The former chief executive of Herguan University has pleaded guilty to visa fraud — and while the school remains open, it could soon lose its ability to recruit foreign students with the promise of student visas.” (Santa Cruz Sentinel)

We all remember the effect of Tri Valley University (TVU) and the aftermath on the F1 visa students. For years, our law firm has advocated for the rights of students and we believe that schools which abuse foreign students by over promising should not actually be allowed to operate.  We actually are grateful to the Department of Homeland Security that unlike TVU situation, the government did not go after the students and then dealt with the school.

Nonetheless bear in mind that the government will definitely probe into many of the foreign students visas who have or had attended Herguan. To this end,  we have some very important information or tips for the Herguan University students who are on F1 visa:

  1. Make sure your visa is secure, it is recommended to transfer if possible before the SEVIS is cancelled or revoked. Note talk to an experience lawyer before you move;
  2. Make sure if you are using Herguan as a credential that the USCIS does accept the school transcripts and diplomas.  In other words, DHS will recognize such diplomas to apply for an H1B visa or a permanent residence;
  3. If you are changing status to H4 visa, please have a lawyer handle the case because there will definitely be a lot of questioning and request for evidence (RFE) covering a number of issues including attendance, and complicity etc. and;
  4. Should you be contacted by a ICE or FBI (special agent), please contact a lawyer to help. Note that if no criminal charges, you might not be entitled to a free lawyer. It is recommended to retain counsel prior to speaking to the authorities.

The above are just few tips and cannot be substituted for legal advices. We recommend you call us at 510 742 5887, should you have any student visa (F1 visa) issues and are with Herguan University or any similar university or school.



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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).