Am i out of status or not ?

polinom

New Member
hello everyone

i just want to ask something because im really afraid.
i have a f1 visa and l20. and i went to high school.
then i grauted from high school , my l20 expired july 1 .
and im still in the u.s , because i really really want to college here but i didnt make it
so now im going back my country on sunday. my passport have a d/s stamp.
i didnt join no where like job , jail etc.
my f1 is still valid to 2019

am i out of status or not ?

thank you
 
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Yes, you are out of status. You have a 60-day grace period after you graduate, during which you remain in F1 status. After that (and you are past that), you are out of status. Your visa is irrelevant; the visa is only for entry.
 
Yes, you are out of status. You have a 60-day grace period after you graduate, during which you remain in F1 status. After that (and you are past that), you are out of status. Your visa is irrelevant; the visa is only for entry.
thank you for your answer, when can i back to u.s
am i got 5 year ban ?
 
thank you for your answer, when can i back to u.s
am i got 5 year ban ?
You have no ban because you have not accrued any "unlawful presence". (You would have to accrue 180 days of "unlawful presence" and the leave the US to have a 3-year ban; you would have to accrue 1 year of "unlawful presence" and the leave the US to have a 10-year ban.) You have to stay past the date on your I-94 to automatically start accruing "unlawful presence"; you entered on "D/S", with no date on your I-94, so you never automatically start accruing "unlawful presence". (You can also start accruing "unlawful presence" if a final order is made against you in immigration court, or you apply for a benefit to USCIS and is denied for being out of status; but I am assuming that neither of these things have happened, or at least 180 days has not passed since such a thing has happened.)

If you are deported you would have a 10-year ban, but that hasn't happened either.
 
You have no ban because you have not accrued any "unlawful presence". (You would have to accrue 180 days of "unlawful presence" and the leave the US to have a 3-year ban; you would have to accrue 1 year of "unlawful presence" and the leave the US to have a 10-year ban.) You have to stay past the date on your I-94 to automatically start accruing "unlawful presence"; you entered on "D/S", with no date on your I-94, so you never automatically start accruing "unlawful presence". (You can also start accruing "unlawful presence" if a final order is made against you in immigration court, or you apply for a benefit to USCIS and is denied for being out of status; but I am assuming that neither of these things have happened, or at least 180 days has not passed since such a thing has happened.)

If you are deported you would have a 10-year ban, but that hasn't happened either.
thank you for your answer.
i hope i am not out of status , because i have a girl friend and im going back then we will get marriage, first engagement (k1) then marriage.
thank you
 
thank you for your answer.
i hope i am not out of status , because i have a girl friend and im going back then we will get marriage, first engagement (k1) then marriage.
thank you

Read the first response you got, you are already out of status! The fact that you haven't accrued an illegal stay based on the D/S stamp on your passport does not mean you're not currently out of status.
 
Read the first response you got, you are already out of status! The fact that you haven't accrued an illegal stay based on the D/S stamp on your passport does not mean you're not currently out of status.
Thank you.
So i cant never come back , right ?
 
Thank you.
So i cant never come back , right ?

I never said that. You're out of status but you're not under a ban because you haven't accrued any illegal presence yet, which means if you're able to get the right visa you may be allowed back.
 
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