Student Visa---Not allowed to come back for 10 years

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rodeo33

New Member
I am helping a friend who was on a student visa, he didn't complete his degree in 4 years, and overstayed his time in the USA by 1 year. Due to him overstaying his time in the country, he is not allowed to come back into the country for 10 full years. Is there an appeals process in which he can appeal to return and finish his education and apply for a work visa here in the USA? Appreciate any help,
thanks.
 
Yes,

There is a waiver, which he must apply at consular office in his country. I hope they accept his forgiveness.

§ 40.92 Aliens unlawfully present.

(a) 3-year bar. An alien described in INA 212(a)(9)(B)(i)(I) shall be ineligible for a visa for 3 years following departure from the United States.

(b) 10-year bar. An alien described in INA 212(a)(9)(B)(i)(II) shall be ineligible for a visa for 10 years following departure from the United States.

(c) Waiver. If a visa applicant is inadmissible under paragraph (a) or (b) of this section but appears to the consular officer to meet the prerequisites for seeking the benefits of INA 212(a)(9)(B)(v), the alien shall be informed of the procedure for applying to DHS for relief under that provision of law.

[62 FR 67568, Dec. 29, 1997]
 
rodeo33 said:
I am helping a friend who was on a student visa, he didn't complete his degree in 4 years, and overstayed his time in the USA by 1 year. Due to him overstaying his time in the country, he is not allowed to come back into the country for 10 full years.
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Has he been informed that the 10-year ban applies to him, or is he just assuming? If he hasn't been specifically informed of this, it is possible there is no ban for him, given that he was on a student visa. People on student visas whose I-94 says D/S don't automatically accumulate unlawful presence when they go out of status.

When you say he didn't complete his degree in 4 years, do you mean:

(1) he completed the degree, but took 1 year longer than the expected 4 years, or
(2) he simply quit school and then idled around in the US for one year after he stopped studying?

If it is the first, and he was given D/S on his I-94 and he kept studying for the extra year according to the terms of the visa (full time study at the same school except in the summer break, valid I-20, no working off campus without special authorization, etc.), that likely means he was not out of status at all.

If it was the second, and he was out of status for a year, it is possible he wasn't deemed to be unlawfully present, at least not immediately. So either there might be no ban, or just a 3-year ban.
 
Good analysis Jackolantern. Also.. if I recall from the recent post 9-11 legislation, if an F-1 student does not show up to school as he should be, the international student center lets immigration know of the absence. Maybe others can shed light on this issue.
 
WOW Jackolantern, I must say great analysis. Rodeo33 please read Jack's post. I think your friend might be saved. Also don't forget to thank Jack, if everything works out.
 
khan6000 said:
Good analysis Jackolantern. Also.. if I recall from the recent post 9-11 legislation, if an F-1 student does not show up to school as he should be, the international student center lets immigration know of the absence. Maybe others can shed light on this issue.
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Yes they do. I have seen them advise students registered for fewer than the required number of hours that they will be reported if they do not immediately correct the situation.


OP, Why would a university grant your friend another chance at his studies since he failed to perform adequately in the past? Gaining entrance after dropping out is difficult.
 
Concerned4us said:
OP, Why would a university grant your friend another chance at his studies since he failed to perform adequately in the past? Gaining entrance after dropping out is difficult.
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The OP said nothing about failing to perform adequately. The OP could have taken longer than usual because he changed his major or didn't take his prerequisites wisely. We don't know if he simply quit, or was kicked out due to failing too many classes.

And even if he was kicked out for poor performance and the college won't let him back in, he can still get into many other colleges (but obviously not elite ones like Harvard), and transfer some or all of the credits for the classes he passed so he doens't have to start from scratch. Dropping out of one college is not a massive barrier to obtaining a degree elsewhere.

However, overstaying after leaving school would be a barrier to obtaining another student visa, but not a barrier to obtaining a green card if he was not deported and there was not enough unlawful presence to trigger the 3 year or 10 year ban.
 
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Hi Jack:
I am really impressed with your knowledge of F-1 visa issues. I would really your input on a problem that i am facing.
"I graduated on december 23rd 2010, so my 60 days grace period ended on feb 22nd 2010. I ended up staying longer because i was waiting for my OPT, which i had applied in middle of october 2009. I got an answer from USCIS on march 16th 2010 DENYING my OPT. Thus it made my presence in the US unlawful. Luckily i got a sponsor in May who applied for my H-1 and I got my H-1 petition approved. I am in the process of going back to my home country for visa processing. my question as follows: "I HAVE BEEN TOLD THAT ONCE YOU BECOME UNLAWFUL, YOU HAVE 180 DAYS TIME FRAME IN WHICH YOU MUST EXIT THE US. FOR ME, WHEN WOULD THAT TIME PERIOD START, WOULD IT START FROM THE TIME I GRADUTED I.E DEC 23RD 2009, OR FEB.22 2010 OR MARCH 16TH (WHEN MY OPT GOT DENIED)" I am changing from F-1 to H-1, would i have any problem getting the visa or entering the US on H-1, if i end up staying longer then 180 days? I am trying to figure out as to when would my 180 days period end. Thanks.
 
Salman Bandukda said:
Hi Jack:
I am really impressed with your knowledge of F-1 visa issues. I would really your input on a problem that i am facing.
"I graduated on december 23rd 2010, so my 60 days grace period ended on feb 22nd 2010. I ended up staying longer because i was waiting for my OPT, which i had applied in middle of october 2009. I got an answer from USCIS on march 16th 2010 DENYING my OPT. Thus it made my presence in the US unlawful. Luckily i got a sponsor in May who applied for my H-1 and I got my H-1 petition approved. I am in the process of going back to my home country for visa processing. my question as follows: "I HAVE BEEN TOLD THAT ONCE YOU BECOME UNLAWFUL, YOU HAVE 180 DAYS TIME FRAME IN WHICH YOU MUST EXIT THE US. FOR ME, WHEN WOULD THAT TIME PERIOD START, WOULD IT START FROM THE TIME I GRADUTED I.E DEC 23RD 2009, OR FEB.22 2010 OR MARCH 16TH (WHEN MY OPT GOT DENIED)" I am changing from F-1 to H-1, would i have any problem getting the visa or entering the US on H-1, if i end up staying longer then 180 days? I am trying to figure out as to when would my 180 days period end. Thanks.
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You have got your years all messed up - fix your post!
 
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