Expired F1 visa/Overstay/I-130 approved thru parent/Consular processing/3-10 bar??

L

lulu1978

New Member
Hi

I came to the US on a student visa (i-94 i- d/s ), which is now expired and I am no longer in school, it has been over a year since my OPT, . My permanent resident parent applied for a greencard or me and I my visa number will become current soon. I'm not eligable for Adjustment of status in the US, which means I would have to return to my country for consular processing. Has anyone had a similar experience? Will I be subject to the 3/10 bar? When would the time start to acrue?
 
If you have a simple overstay with a D/S status, you have not incurred the 3/10 ban. However, no one on the forum is aware of your entire situation therefore, you should consult with an attorney and be completely honest about your situation.
 
Attorney

Yes, it is certainly time for professional legal advice. There are some lawyers who volunteer ("Pro bono") and do this kind of thing for free. If this is totally unaffordable, you could try contacting a "3L" law student specializing in immigration. Not official advice, but at least as good as this forum.
 
Concerned4us said:
If you have a simple overstay with a D/S status, you have not incurred the 3/10 ban. However, no one on the forum is aware of your entire situation therefore, you should consult with an attorney and be completely honest about your situation.
Click to expand...

8 CFR § 214.2 Special requirements for admission, extension, and maintenance of status.

The general requirements in §214.1 are modified for the following nonimmigrant classes: ......

(f) Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs — .........

(5) Duration of status —(i) General. Except for border commuter students covered by the provisions of paragraph (f)(18) of this section, an F–1 student is admitted for duration of status. Duration of status is defined as the time during which an F–1 student is pursuing a full course of study at an educational institution approved by the Service for attendance by foreign students, or engaging in authorized practical training following completion of studies, except that an F–1 student who is admitted to attend a public high school is restricted to an aggregate of 12 months of study at any public high school(s). An F–1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on Form I–20. The student is considered to be maintaining status if he or she is making normal progress toward completing a course of study......

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With the advent of SEVIS, D/S no longer requires a person to declare the student out of status. The record is there to support a finding of when one fell out of status.
 
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