Out of Status

M

mc_usa

New Member
Hi all,

Hopefully someone will be able to help me out.

I was a student in US from Jan 03 - Aug 04. After that I applied for my OPT and got approved for a one year OPT. But upon the expire of OPT, I did not leave US.
I continued to stay until Dec 06. And left USA in Dec 06.

In 2008, my sister who is a US citizen, filed GC application for me. And on last month, she received the approval on I 727. I understand that I need to a letter from USCIS for the interview process to get my GC.

Here's my questions:
1: While I was out of status for about 1.5 years, I wonder will USCIS find out?
2: I did not receive any letters or mail of deportation or anything from USCIS or Immmigration judge. I left US and handed back my I-94 with D/S on it to the immigration officer. Am I subject to a ban from entering US again in the future?
3: Will my out of status affect my GC application?

Any advice would be greatly appreciate.
 
You have about another seven years to wait till a visa number is available to you. You are subject to a 10 year ban but since your I-94 stated DS you may have a chance to avoid the ban. I believe your approval notice should be I-797 and not I-727.
Good Luck!
 
Did you accept unauthorized work during those 1.5 years and can it be traced back to you? I think you should be OK because even if they apply the 10 year bar to you by the time your sister's petition becomes current the time for the 10 year bar(if it even applies) will have passed. Also, your D/S on the I-94 means that merely being in the US while overstaying the F1 will not result in "unlawful presence" unless you have some issues with expired work permits.

Now if you want to enter the US as a nonimmigrant that D/S can probably also help you.
 
praxx said:
Did you accept unauthorized work during those 1.5 years and can it be traced back to you? I think you should be OK because even if they apply the 10 year bar to you by the time your sister's petition becomes current the time for the 10 year bar(if it even applies) will have passed. Also, your D/S on the I-94 means that merely being in the US while overstaying the F1 will not result in "unlawful presence" unless you have some issues with expired work permits.

Now if you want to enter the US as a nonimmigrant that D/S can probably also help you.
Click to expand...

Hi,

Thanks for all the info.
I did not accept any unauthorized work at that time.
So, are you sure that the 10 year bar apply to my case?
Is there any way I can check whether I'm on 10 year bar?

mc_usa
 
mc_usa said:
Hi,

Thanks for all the info.
I did not accept any unauthorized work at that time.
So, are you sure that the 10 year bar apply to my case?
Is there any way I can check whether I'm on 10 year bar?

mc_usa
Click to expand...

No, there is NO way in which you can check if you are subject to a 10 year ban. People who overstay their visas are normally subject to a ban in the US, it varied by how long they overstayed. In your case, since you overstayed more than 180 days, then you might be bitten by a 10 year ban. However, since your visa won't be available for the next 7 years, hope and pray that they will gloss over it when the times to issue a visa for your nears. It will be important to be truthful to the consular officer when the time comes, because the premise of your first question is troubling on its own, "While I was out of status for about 1.5 years, I wonder will USCIS find out?" USCIS can find any information relating to your case, remember that you took a plane out of the country, airlines submit manifestos, which is filed with DHS. It is easy for them to find these information and nail you. If you are not truthful with Consular Officer, you might risk lifetime ban in the US.
 
You must log in or register to reply here.
Top