I'm trying to settle a debate with my friend who's a Canadian citizen and is filling out the DS-156 form.
On the form, there's a question that asks; Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?
She was on F1 status a little while back and overstayed by 2 months before leaving (past the grace period), but her I-94 had D/S on it. She has since been readmitted time and time again to the US as a visitor. Since canadians aren't issued Visas and are instead given "status," she's arguing that it's truthful to put down "no" for the "have you every violated the terms of a US visa" part since she was never really issued an F1 visa and instead given an F1 status.
Also, since no immigration judge or officer made any ruling, she never accrued unlawful presence. She was simply out of status. She therefore also insists that answering "no" to the "unlawfully present" part is truthful, as she was simply out of status and not unlawfully present in the US.
Is she right? I keep telling her that there's no way it's that easy. Thanks.
On the form, there's a question that asks; Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?
She was on F1 status a little while back and overstayed by 2 months before leaving (past the grace period), but her I-94 had D/S on it. She has since been readmitted time and time again to the US as a visitor. Since canadians aren't issued Visas and are instead given "status," she's arguing that it's truthful to put down "no" for the "have you every violated the terms of a US visa" part since she was never really issued an F1 visa and instead given an F1 status.
Also, since no immigration judge or officer made any ruling, she never accrued unlawful presence. She was simply out of status. She therefore also insists that answering "no" to the "unlawfully present" part is truthful, as she was simply out of status and not unlawfully present in the US.
Is she right? I keep telling her that there's no way it's that easy. Thanks.