Solina

hi group
i want to ask about the 10-year bar , for holders of f-1 visa with D/S
stamed in the i-94 .

i overstayed for 18 months after i droped out of school , and ins
found me , i was in the immigration court and the IJ ordered me
deported

is the "unlowfull persence " count from the time i drop out of school
or from the time the IG found that am in voilation of the immigration
lows

i was married 2 months before the court with an american citizen , and
i have
pending i-130 , so am apealling . but if i decide to go home and
resume the process
form the us embassy there , i want to know if am barred from intering
us for 10 years or not

thank you

Jozef

"solina" <[email protected]> wrote in message
news:[email protected]...
    > hi group
    > i want to ask about the 10-year bar , for holders of f-1 visa with D/S
    > stamed in the i-94 .
    > i overstayed for 18 months after i droped out of school , and ins
    > found me , i was in the immigration court and the IJ ordered me
    > deported
    > is the "unlowfull persence " count from the time i drop out of school
    > or from the time the IG found that am in voilation of the immigration
    > lows

You began to accrue unlawful presence from the moment you were officially
notified that you were out of status.

    > i was married 2 months before the court with an american citizen , and
    > i have
    > pending i-130 , so am apealling . but if i decide to go home and
    > resume the process
    > form the us embassy there , i want to know if am barred from intering
    > us for 10 years or not

Unless it has been more than 180 days since you were 'found out' you would
not trigger the bar if you left.

Check with your attorney to be sure. (If you don't have one, get one!)
Never act based solely on something you read in a newsgroup.

crg

If you were ordered removed by a judge, then it's a 10 year bar., even if you were only out of status for 1 day. You could apply for a waiver, but it's tough.

The other 10yr bar is for sec 212(a)(9(B)(II) for being unlawfully present in the US for more than a year. If you were admitted D/S then the clock starts when you're turned down for a benefit such as a change of status.

spouse

I am not 100% on this, but I will try to help you as much as possible... definitely fight for the appeal... and I hope it all goes well for you!

Here are a couple excerpts from a US DOS cable dated April 4, 1998 (can be found on myimmigration.net) that may help you to determine when unlawful presence began to accrue. There are several different memoranda on this site that pertain to this issue.

Please forgive any typos found below, I was typing relatively fast!

"The statute defines "unlawful presence" as presence in the US without admission or parole, or presence in the US after the expiration of the period of stay authorized by the attorney general. This definition essentially encompasses three categories of aliens: aliens who enter without inspection (EWI's), aliens who overstay the date on their I-94 (overstays), and aliens who are determined by the INS or an immigratio njudge to have violated the terms of their stay (status violators)....

30. Overstays/Status violators: Like INA 222(g) ("222(g)"), 9B applies to certain aliens who remain in the US beyond "the stay authorized by the attorney general." As with 222(g), the interpretation of this language can be quite complicated. In general, the term "period of stay authorized by the attorney general" for the purposes of 222(g) and 9B will be interpreted similarly. In Ref D, Department sent guidance on recent revisions to the interpretation of 222g, which were prompted by the agreement of INS and the department to conform the interpretation of 222(G) to the guidance on 9B. Without repeating that Septel or all the prior 222(G) guidance, department would like to point out the following key points as they relate to the interpretation of unlawful presence for 9B purposes in cases where voluntary departure is not granted. (See para 31 for the effect of a grant of voluntary departure.):

(30)A. Duration of Status Cases: Although most nonimmigrants are admitted for a specified period of time, students, exchange visitors, information media representatives ("I" visa holders,) and holders of certain diplomatic visas are usually admitted for 'duration of status" will begin to accrue unlawful presence only if either

*an immgration judge (IJ) finds the alien has violated status and is excludable/deportable/removeable, or

*the INS, in the course of adjudicating an application for benefit (e.g. extension of stay or adjustment of status), determines that a status violation has occured.

(30)B. Aliens admitted until a certain date: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:

* when the date on the I-94 (or any extension) has passed, or
* if the INS or an IJ makes a finding of status violation, whichever comes first.

...

If you do have to file the I-601 (and/or I-212) at some point in time, don't panic, it is difficult and involves a lot of patience, but people are approved!

spouse

Also, you can find some basic information on the I-601 and I-212 waivers on the immigrate2us.net forum!