Overstaying F-1 visa

overstaying my student visa

Hello Everyone!
I am going to re-post my first thread and fix some errors (from what I understood from the replies, it was a bit unlcear)...........
...I entered the united states legally in 1996 with a student visa.
In 2000, my visa expired and I overstayed for 5 years.
During my time in the states I worked illegally, but I paid taxes and didnt commit any crimes (other than overstaying visa of course).
After 9/11 occurred, the government made an announcement saying that all people born in iran, syria, iraq etc....(I was born in iran, but I'm a swedish citizen) should come forward to register themselves (NSEERS registration). I didnt go due to the fact that everyone responding to this, was being deported or detained (naturally I was scared).
I met my wife (an american citizen) in 2005, moved to Sweden and got married in 2006.
Now we have a beautiful child and we are trying to move back to the states.

We decided to go to the U.S. embassy here in Stockholm and report our daughter's birth.
At the same time I applied for a I-130.
I was denied and I am now banned for 10 years (8 year now since 2 have past since I left the states).
The minute the conversation reached to the point where I overstayed, the officer told me i have a ten year ban and called for the next couple applying for there I-130.


I just had my interview with the consulate in Stockholm a few days ago and to my suprise I got my immigrant visa!!!!
My family and I are very excited about the result and very happy to be able to move back to the states!

I have to admit, I was very nervous the day of the interview, but to my suprise it went a lot smoother than I expected.
I arrived there, proceeded to the window and handed the lady my papers.
I sat down in the waiting area as she got the papers in order (because the interview was in Sweden, we were the ONLY ones waiting there that morning).
I could hear her discuss my case with the consulate officer as I sat in the waiting area.
Then, to my suprise, the officer calls me to the window and the interview begins......
He was very friendly and he didnt seem to be at all displeased with the fact that I overstyayed.
He asked me the basic questions......
How long did I stay, Which visa I was given, What did I study, Where I worked (this segment of the conversation was very lengthy. He seemed to be amused with the jobs I had in Los Angeles).
2 very important things I must say.......
1. He asked me REPEATEDLY if, I told ANYONE in the states (law official) about my status (overstaying). To this, I replied NO (because I didnt).
2. It seemed to help a great deal that I had proof of education (my I-20).

After that, he asked me to sign the DS-230 part II, sworn statement (the area in which you are to wait until you are in the presence of an officer).

.....He informed me that I was no longer banned from the U.S.
I was given my immigrant visa and I am now able to work and reside in the states ASAP!

I have to say, I give most of my thanks to our lawyer.
If it wasnt for her, I would have been denied (the officer even said so himself).
I took a look at our lawyers brief and it was easily 100 pages.

Good luck to all of you in this process!!!!!!

God Bless!
 
matuleh said:
Hello Everyone!
I am going to re-post my first thread and fix some errors (from what I understood from the replies, it was a bit unlcear)...........
...I entered the united states legally in 1996 with a student visa.
In 2000, my visa expired and I overstayed for 5 years.
During my time in the states I worked illegally, but I paid taxes and didnt commit any crimes (other than overstaying visa of course).
After 9/11 occurred, the government made an announcement saying that all people born in iran, syria, iraq etc....(I was born in iran, but I'm a swedish citizen) should come forward to register themselves (NSEERS registration). I didnt go due to the fact that everyone responding to this, was being deported or detained (naturally I was scared).
I met my wife (an american citizen) in 2005, moved to Sweden and got married in 2006.
Now we have a beautiful child and we are trying to move back to the states.

We decided to go to the U.S. embassy here in Stockholm and report our daughter's birth.
At the same time I applied for a I-130.
I was denied and I am now banned for 10 years (8 year now since 2 have past since I left the states).
The minute the conversation reached to the point where I overstayed, the officer told me i have a ten year ban and called for the next couple applying for there I-130.


I just had my interview with the consulate in Stockholm a few days ago and to my suprise I got my immigrant visa!!!!
My family and I are very excited about the result and very happy to be able to move back to the states!

I have to admit, I was very nervous the day of the interview, but to my suprise it went a lot smoother than I expected.
I arrived there, proceeded to the window and handed the lady my papers.
I sat down in the waiting area as she got the papers in order (because the interview was in Sweden, we were the ONLY ones waiting there that morning).
I could hear her discuss my case with the consulate officer as I sat in the waiting area.
Then, to my suprise, the officer calls me to the window and the interview begins......
He was very friendly and he didnt seem to be at all displeased with the fact that I overstyayed.
He asked me the basic questions......
How long did I stay, Which visa I was given, What did I study, Where I worked (this segment of the conversation was very lengthy. He seemed to be amused with the jobs I had in Los Angeles).
2 very important things I must say.......
1. He asked me REPEATEDLY if, I told ANYONE in the states (law official) about my status (overstaying). To this, I replied NO (because I didnt).
2. It seemed to help a great deal that I had proof of education (my I-20).

After that, he asked me to sign the DS-230 part II, sworn statement (the area in which you are to wait until you are in the presence of an officer).

.....He informed me that I was no longer banned from the U.S.
I was given my immigrant visa and I am now able to work and reside in the states ASAP!

I have to say, I give most of my thanks to our lawyer.
If it wasnt for her, I would have been denied (the officer even said so himself).
I took a look at our lawyers brief and it was easily 100 pages.

Good luck to all of you in this process!!!!!!

God Bless!
Click to expand...



Man..you dodged a nuclear missile from the US govt....:) Congratulations!!! Why do want to return to the states? I thought free education and health insurance in nordic countries was super... :confused: This health care reform is still being shot by republicans, so I don't see it coming to pass..:(
 
This makes sense. If USCIS never noticed that he dropped out of school, he never accumulated illegal presence. Hence no re-entry bars.
 
I entered USA in 2000 on a student (F1) visa. The I-94 on my passport says F1 D/S. I stayed in school till 2002 after which i dropped out of school. No one from school or any immigration representatives from US contacted me. I was never caught or have any criminal or any other kind of offense. I stayed in the US till 2008. My student visa was approved from Aug 2000 to Aug 2005. I had paid taxes while I was in school till 2002 but after that since I did not go to school I did not file any taxes.

After that I married my wife ( who was on green card since 2005) in 2007. She has an excellent career (nurse) and a great job in US. Meanwhile I moved (left voluntarily) to Canada and became a permanent resident here in Canada since 2008. My wife is eligible to become a USC next month. It has been really hard for us to stay apart. She has been staying in US while I have been in Canada. I am about to complete my MBA here in Canada in few months. I want to go back to US and live with my wife there. She has traveled to Canada to visit me only thrice since we started living apart.

My question is that I learnt from here and other websites that if an Immigration Judge or any other US govt officials never contacted me or was ordered removal from the country. Am I still subjected to 10 yr ban. Is there a chance that I will be waived I 601 (hardship for USC). What are my chances for approval?

Please guide..........and help

Thank you
 
F-1 overstay

2008srk said:
I entered USA in 2000 on a student (F1) visa. The I-94 on my passport says F1 D/S. I stayed in school till 2002 after which i dropped out of school. No one from school or any immigration representatives from US contacted me. I was never caught or have any criminal or any other kind of offense. I stayed in the US till 2008. My student visa was approved from Aug 2000 to Aug 2005. I had paid taxes while I was in school till 2002 but after that since I did not go to school I did not file any taxes.

After that I married my wife ( who was on green card since 2005) in 2007. She has an excellent career (nurse) and a great job in US. Meanwhile I moved (left voluntarily) to Canada and became a permanent resident here in Canada since 2008. My wife is eligible to become a USC next month. It has been really hard for us to stay apart. She has been staying in US while I have been in Canada. I am about to complete my MBA here in Canada in few months. I want to go back to US and live with my wife there. She has traveled to Canada to visit me only thrice since we started living apart.

My question is that I learnt from here and other websites that if an Immigration Judge or any other US govt officials never contacted me or was ordered removal from the country. Am I still subjected to 10 yr ban. Is there a chance that I will be waived I 601 (hardship for USC). What are my chances for approval?

Please guide..........and help

Thank you
Click to expand...

Yes You are subject to the 10 yr ban. Even though you have not accrued unlawful presence, as an immigration judge has not ruled over your case. The fact that you overstayed and violated your visa is enough for the consular officer at the embassy to initiate the aforesaid against you and can debar you for 10yrs. If you were in the US that could have been forgiven, but generally at an embassy the consular officers can adjudicate your matter and do what they deem appropriate. They are not answerable to you. Most likely you would trigger the ban.
Waiver on hardship in your case is next to impossible. Your wife is working, has no physical ailments that requires you, you dont have children who would suffer as a result thereby no chance. Why do you want to be in the US. Your wife can find a job easily in Canada. Happiness is more important than VISA.
 
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ravi_niu said:
Yes You are subject to the 10 yr ban. Even though you have not accrued unlawful presence
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The first statement is not compatible with the second.

The fact that you overstayed and violated your visa is enough for the consular officer at the embassy to initiate the aforesaid against you and can debar you for 10yrs.
Click to expand...

Wrong again. The 10-year bar is non-discretionary; either you have accumulated >365 days of illegal presence or you haven't. And consular officers can't bar anyone from entry.
 
I don't want to start a new thread, so I just post my question here. I'm in similar situation anyway.

I've been overstaying F-1 (student) visa for a week (my visa and I-20 expired recently). My I-485 I-130 etc. are in process at USCIS. Am I considered staying in US legally?
I'm asking because I don't have a Social Security Number (SSN). When they issue me EAD (probably in the next few months), I want to apply for a SSN. But in SSN application, they require evidence that I'm in legal immigration status. Do you think they'll turn down my SSN application? Can someone work with EAD but no SSN?
 
F1study,
As long as your application is being processed by USCIS, you have an " interim" status, meaning you can kinda stay here till they make a decision on ur case.
 
f1study - if your AOS application is a legit application, meaning it's based on a valid petition, and you are eligible for adjustment, you are in legal status right now, which is AOS pending.
Once you get EAD, you can get a SSN with just the EAD, nothing else is needed.
 
f1study said:
When they issue me EAD (probably in the next few months), I want to apply for a SSN. But in SSN application, they require evidence that I'm in legal immigration status. Do you think they'll turn down my SSN application?
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They'll accept the EAD as evidence of legal status and work eligibility, and you'll get your SSN without a problem.

Can someone work with EAD but no SSN?
Click to expand...
Yes, but there are ifs and buts. However, that should be unnecessary, as the SSN card should be issued in 2-4 weeks after you apply for it. If you don't get the card in 2 weeks, you can visit the Social Security office to find out what your number is, then you can tell your number to the employer.
 
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False claim for citizen on I-9 form

I just went through interview today and I have been claiming citizenship on I-9 at every job I did in past 12 yrs. In fact, I am still working as citizenship (I-9).
Interviewer asked me about my job and what I do but She never asked me how am I working. She avoided the question and I avoided the answer. She approved for Permanent GC and I got email saying card production in order already as well as USCIS page is updated.

I can start fresh from everything legal now. I want to suppress I-9 ever being issue to me. That's why I gave notice of resignation to employer instead of changing I-9 and keep same job. I am pretty sure, this is not 100% full proof plan but If nobody bring my I-9 issue then I don't need to provide them either.

However, situation can go adverse depends on interviewer. It is perm ban violation. But, give it a try, you might be in luck.
 
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Claiming US citizenship prior to actually being a citizen is a HUGE problem when it comes to naturalisation.


f1study said:
Really? Will the I9 be a problem when she apply for citizenship?

By the way, how long does the EAD (issued during the I-485 I-130 etc. process) last for? 3 months/ 6 months/... ?

Thanks everyone in advance!!!
Click to expand...
 
Triple Citizen said:
Claiming US citizenship prior to actually being a citizen is a HUGE problem when it comes to naturalisation.
Click to expand...

Thanks for saying that, I didn't know and was almost going to do it. Does she stand any chance at all of becoming a citizen? I want to claim to be citizen at the school I'm going to attend. The school doesn't require I9 or any paperwork. Do you think USCIS will not know that I falsely claimed when I apply for citizenship in the future?
 
I am not going to speculate if USCIS will ever find out what all you (or her) do from this point onwards. With regards to falsely claiming US citizenship, it is not confined to filling in an I-9. USCIS goes after all N-400 applicants, if they find out that they falsely claimed US citizenship in any form or shape.

f1study said:
Does she stand any chance at all of becoming a citizen? I want to claim to be citizen at the school I'm going to attend. The school doesn't require I9 or any paperwork. Do you think USCIS will not know that I falsely claimed when I apply for citizenship in the future?
Click to expand...
 
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