unlawful presence

[don20710]

Hi,
I would appreciate any response to my situation.
I am currently out of the country on an advance parole issued in 2010 and expired 2/28/2011. It says i am inadmissilbe under section 212(a)(9)(B)(i).
I was admitted on a F-1 visa in jan 2000 and my I-94 was valid for duration of status. My I-20 was valid till 12/31/2003 unfortunately i did not renew it. I continued to attend classes and i applied for graduation for may 2005 but did not pass one of my class. On july 2005 i got married and the priority date for my I-130 and I-485 was on 5/1/2006. My application is still pending. I would like to find out if i am barred under the 3 or 10 year bar.I would like to terminate my application and go through the consulate in my country. Would i be able to terminate my apllication? Thanks

 

[Jackolantern]

212(a)(9)(B)(i)(I) is the 3 year bar, and 212(a)(9)(B)(i)(II) is the 10-year bar. You said the AP says you are inadmissible under 212(a)(9)(B)(i), but without knowing if it's the I or II we can't determine if you got the 3 or 10-year bar.

 

[TheRealCanadian]

If the I-20 expired in 2003, my guess is that illegal presence accumulated until 2006. That means a 10-year bar, starting on the date of departure from the US.