GoingHome123
New Member
i previously posted this thread "The impacts of extended undocumented stay on later work visa - GC petition"
Someone replied asking for what I found out. I can't find the "reply" botton for that thread, so this is a short answer I got so far from an attorney:
"An F-1 who was admitted to the US for D/S only begins to accrue unlawful presence if there is a formal finding of status violation by USCIS or an Immigration Judge. ... While there would technically be no bar to return to the US based upon unlawful presence, admission can always be refused on a discretionary basis based upon the prior overstay. "
Someone replied asking for what I found out. I can't find the "reply" botton for that thread, so this is a short answer I got so far from an attorney:
"An F-1 who was admitted to the US for D/S only begins to accrue unlawful presence if there is a formal finding of status violation by USCIS or an Immigration Judge. ... While there would technically be no bar to return to the US based upon unlawful presence, admission can always be refused on a discretionary basis based upon the prior overstay. "