DS-156 out of status question

U

UKposter123

New Member
Hi all,
thanks for any help (advice/ experiences) with this...

last year, I was on an H1-B and was unexpectedly laid off (whole team terminated by surprise). after taking the advice of several different lawyers, I stayed "out of status" for a couple of months to clear up my affairs. (my I-94 had not expired)

I am now applying for a F-1 visa for a PhD program ( I already have I-20, full funding for tuition and expenses from major US research university)

On the DS-156, should I answer "yes" to the question about having violated the terms of a visa due to my being out of status? (under Q.38)
thanks...
 
That is something you need to ask yourself, not people on the forum. It all boils down to how much honesty and integrity you have. You know you were unlawfully present. You need to ask yourself if you are willing to accept its worst consequences. Choose wisely.

UKposter123 said:
On the DS-156, should I answer "yes" to the question about having violated the terms of a visa due to my being out of status? (under Q.38)
Click to expand...
 
This is incorrect, unlawfully present is NOT the same as just being out of status. My I-94 was unexpired so I was NEVER unlawfully present.

As this forum thread has not been very helpful, I consulted with lawyers (my original reason for asking this forum was trying to save money and not a consult a lawyer about a point I was genuinely unsure about, not to relieve a "guilty conscience" about a unlawful presence which I never had), and they told me this was a "grey area in my favour" for various reasons, and should not be grounds for inadmissibility.



Triple Citizen said:
That is something you need to ask yourself, not people on the forum. It all boils down to how much honesty and integrity you have. You know you were unlawfully present. You need to ask yourself if you are willing to accept its worst consequences. Choose wisely.
Click to expand...
 
We can agree to disagree. That is the civil thing to do.
If a student enters the US on an F-1 and gets a 3 year I-94 but does not attend classes or register for a minimum number of credits, after a few months he/she falls out of status and starts accruing unlawful presence in the US. That holder is "violating the terms of his/her visa". The I-94 does not need to be expire first for an individual to be unlawfully present. Similarly for an H-1B or L-1A/B holder if the job is terminated.

Secondly, not hearing what you wanted to hear does not make this forum unhelpful.

I wish you best of luck in your PhD program and your F-1 visa quest.
 
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