Out of status vs. unlawful presence - kindly clarify

abdintroub

Registered Users (C)
I am confused as to what is "out of status", and what is "unlawful presence".
I worked beyond 20hrs/wk in my internship in Fall 2006, so I guess I was "out of status" at that time.
However, my I-20 was re-validated one month back for another internship. Am I still "out of status"?

Am I in "unlawful presence" for any period based on the above?
And, what are the penalties for "out of status" and for "unlawful presence"?

What can I do now to make sure I am in status and lawfully present?

Thanks.
 
if you have D/S in your I-94 - you would out of status until officially found to be illegally present by USCIS officer. There is no punishment for out of status per se. There is a ban on entering the US for unlawful presence.
 
if you have D/S in your I-94 - you would out of status until officially found to be illegally present by USCIS officer. There is no punishment for out of status per se. There is a ban on entering the US for unlawful presence.

Thanks Lucy. So, even if I-20 was re-validated for Spring semester, and I have not done any unauthorized hours since the re-validation, am I still "out of status"?

If so, what can I do now to make sure I am in status and lawfully present?
 
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