Help with tourist visa
Mar 30th 2003, 6:04 pm
#1
Guest
Posts: n/a
Help with tourist visa
Hope someone could help me. I came to the US on an F-1 visa in 1991
and finished my BS in 1995. Not being albe to find a job, I remained
in the US for 8 more years. My I-94 said D/S. Then, last year I
decided to go to my home country because I learned that if I just
leave the US, I will not incur in out of status situation. Now I''d
like to go back to the US on a tourist visa because I was invited to a
conference where I need to make a presentation. My question is: what
are the chances to obtain a visa? there is a part in the visa
questionary that states: "have you ever violated the terms of a US
visa, or have been unlawfully present in, or depoerted from the United
States" what I should answer on this question and what are the
repercutions of such answer? Currently I have a good job and a
contract for one year.
Thank you for your input!
RL
and finished my BS in 1995. Not being albe to find a job, I remained
in the US for 8 more years. My I-94 said D/S. Then, last year I
decided to go to my home country because I learned that if I just
leave the US, I will not incur in out of status situation. Now I''d
like to go back to the US on a tourist visa because I was invited to a
conference where I need to make a presentation. My question is: what
are the chances to obtain a visa? there is a part in the visa
questionary that states: "have you ever violated the terms of a US
visa, or have been unlawfully present in, or depoerted from the United
States" what I should answer on this question and what are the
repercutions of such answer? Currently I have a good job and a
contract for one year.
Thank you for your input!
RL
Apr 2nd 2003, 2:06 am
#2
Guest
Posts: n/a
Re: Help with tourist visa
Hi,
you had been out of status for 8 years.
According to the law, you are not admissable to the United States for
10 years.
Here is a link:
http://www.immigration.gov/graphics/...sheets/950.htm
Scroll down to "Visa Violators Are Barred From U.S. Readmission for
3-10 Years" and see for yourself.
You can try and lie on your tourist visa application. I doubt they
will miss it though.
Whoever gave you the advice to leave the country to avoid being out of
status really messed it up for you.
If you were in the US, you could've spoken to a lawyer but outside of
US there is no way they will budge once you are red-flagged, unless
you perform an act which greatly benefits US national security (like
save the president's life).
Hope this helped.
Igor.
On Sun, 30 Mar 2003 15:04:56 -0400, Rick Lee
wrote:
>Hope someone could help me. I came to the US on an F-1 visa in 1991
>and finished my BS in 1995. Not being albe to find a job, I remained
>in the US for 8 more years. My I-94 said D/S. Then, last year I
>decided to go to my home country because I learned that if I just
>leave the US, I will not incur in out of status situation. Now I''d
>like to go back to the US on a tourist visa because I was invited to a
>conference where I need to make a presentation. My question is: what
>are the chances to obtain a visa? there is a part in the visa
>questionary that states: "have you ever violated the terms of a US
>visa, or have been unlawfully present in, or depoerted from the United
>States" what I should answer on this question and what are the
>repercutions of such answer? Currently I have a good job and a
>contract for one year.
>Thank you for your input!
>RL
you had been out of status for 8 years.
According to the law, you are not admissable to the United States for
10 years.
Here is a link:
http://www.immigration.gov/graphics/...sheets/950.htm
Scroll down to "Visa Violators Are Barred From U.S. Readmission for
3-10 Years" and see for yourself.
You can try and lie on your tourist visa application. I doubt they
will miss it though.
Whoever gave you the advice to leave the country to avoid being out of
status really messed it up for you.
If you were in the US, you could've spoken to a lawyer but outside of
US there is no way they will budge once you are red-flagged, unless
you perform an act which greatly benefits US national security (like
save the president's life).
Hope this helped.
Igor.
On Sun, 30 Mar 2003 15:04:56 -0400, Rick Lee
wrote:
>Hope someone could help me. I came to the US on an F-1 visa in 1991
>and finished my BS in 1995. Not being albe to find a job, I remained
>in the US for 8 more years. My I-94 said D/S. Then, last year I
>decided to go to my home country because I learned that if I just
>leave the US, I will not incur in out of status situation. Now I''d
>like to go back to the US on a tourist visa because I was invited to a
>conference where I need to make a presentation. My question is: what
>are the chances to obtain a visa? there is a part in the visa
>questionary that states: "have you ever violated the terms of a US
>visa, or have been unlawfully present in, or depoerted from the United
>States" what I should answer on this question and what are the
>repercutions of such answer? Currently I have a good job and a
>contract for one year.
>Thank you for your input!
>RL
Apr 2nd 2003, 2:31 am
#3
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I think he needs to seek qualified advice on this one.....
Apr 2nd 2003, 4:06 pm
#4
Guest
Posts: n/a
Re: Help with tourist visa
D/S means "Duration of Status". Once he got his degree, he was no longer F1.
Therefore, any time spent in the US after the degree, was "out of status".
An overstay is an intent to defraud, so the inspector could very well have
barred him for the 3/10 years.
"lairdside" wrote in message
news:[email protected]...
> Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I think
> he needs to seek qualified advice on this one.....
> --
> Posted via http://britishexpats.com
---
Outgoing mail is certified Virus Free.
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Therefore, any time spent in the US after the degree, was "out of status".
An overstay is an intent to defraud, so the inspector could very well have
barred him for the 3/10 years.
"lairdside" wrote in message
news:[email protected]...
> Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I think
> he needs to seek qualified advice on this one.....
> --
> Posted via http://britishexpats.com
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
Apr 2nd 2003, 8:17 pm
#5
Guest
Posts: n/a
Re: Help with tourist visa
He is probably not subject to the 10-year bar, because
his I-94 expiration date was designated as "F-1
D/S."
If a person's I-94 indicates "D/S" as do most F-1 status
holders, that person is *not* subject to INA section
212(a)(9)(B), and is not subject to the 3- and 10-year bars,
with the following exception. See
http://www.shusterman.com/barmemo.html.
If the INS or a judge has formally determined that a person
with a designation "D/S" has violated status, then the
180-day or one-year period of the 3/10 year bar starts from
the day of that determination.
LW
Ursus Polaris wrote in message news:...
> Hi,
> you had been out of status for 8 years.
> According to the law, you are not admissable to the United States for
> 10 years.
> Here is a link:
> http://www.immigration.gov/graphics/...sheets/950.htm
> Scroll down to "Visa Violators Are Barred From U.S. Readmission for
> 3-10 Years" and see for yourself.
> You can try and lie on your tourist visa application. I doubt they
> will miss it though.
> Whoever gave you the advice to leave the country to avoid being out of
> status really messed it up for you.
> If you were in the US, you could've spoken to a lawyer but outside of
> US there is no way they will budge once you are red-flagged, unless
> you perform an act which greatly benefits US national security (like
> save the president's life).
> Hope this helped.
> Igor.
>
> On Sun, 30 Mar 2003 15:04:56 -0400, Rick Lee
> wrote:
>
> >Hope someone could help me. I came to the US on an F-1 visa in 1991
> >and finished my BS in 1995. Not being albe to find a job, I remained
> >in the US for 8 more years. My I-94 said D/S. Then, last year I
> >decided to go to my home country because I learned that if I just
> >leave the US, I will not incur in out of status situation. Now I''d
> >like to go back to the US on a tourist visa because I was invited to a
> >conference where I need to make a presentation. My question is: what
> >are the chances to obtain a visa? there is a part in the visa
> >questionary that states: "have you ever violated the terms of a US
> >visa, or have been unlawfully present in, or depoerted from the United
> >States" what I should answer on this question and what are the
> >repercutions of such answer? Currently I have a good job and a
> >contract for one year.
> >
> >Thank you for your input!
> >
> >RL
his I-94 expiration date was designated as "F-1
D/S."
If a person's I-94 indicates "D/S" as do most F-1 status
holders, that person is *not* subject to INA section
212(a)(9)(B), and is not subject to the 3- and 10-year bars,
with the following exception. See
http://www.shusterman.com/barmemo.html.
If the INS or a judge has formally determined that a person
with a designation "D/S" has violated status, then the
180-day or one-year period of the 3/10 year bar starts from
the day of that determination.
LW
Ursus Polaris wrote in message news:...
> Hi,
> you had been out of status for 8 years.
> According to the law, you are not admissable to the United States for
> 10 years.
> Here is a link:
> http://www.immigration.gov/graphics/...sheets/950.htm
> Scroll down to "Visa Violators Are Barred From U.S. Readmission for
> 3-10 Years" and see for yourself.
> You can try and lie on your tourist visa application. I doubt they
> will miss it though.
> Whoever gave you the advice to leave the country to avoid being out of
> status really messed it up for you.
> If you were in the US, you could've spoken to a lawyer but outside of
> US there is no way they will budge once you are red-flagged, unless
> you perform an act which greatly benefits US national security (like
> save the president's life).
> Hope this helped.
> Igor.
>
> On Sun, 30 Mar 2003 15:04:56 -0400, Rick Lee
> wrote:
>
> >Hope someone could help me. I came to the US on an F-1 visa in 1991
> >and finished my BS in 1995. Not being albe to find a job, I remained
> >in the US for 8 more years. My I-94 said D/S. Then, last year I
> >decided to go to my home country because I learned that if I just
> >leave the US, I will not incur in out of status situation. Now I''d
> >like to go back to the US on a tourist visa because I was invited to a
> >conference where I need to make a presentation. My question is: what
> >are the chances to obtain a visa? there is a part in the visa
> >questionary that states: "have you ever violated the terms of a US
> >visa, or have been unlawfully present in, or depoerted from the United
> >States" what I should answer on this question and what are the
> >repercutions of such answer? Currently I have a good job and a
> >contract for one year.
> >
> >Thank you for your input!
> >
> >RL
Apr 2nd 2003, 9:08 pm
#6
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Thankyou. I suspected strongly that the D/S stamp may be exempt to the 3/10 yr bar in some way but didn't want to state this without knowing the details of why. So basically it's similar to a Canadian who enters without a visa and does not start to accrue overstay until they are judged deportable by an immigration judge ?
Apr 3rd 2003, 1:27 am
#7
Guest
Posts: n/a
Re: Help with tourist visa
I´ve read the net regarding this issue and that is what I concluded,
BUT please do not take as a definitive answer it might not be that
straightforward, but who can read that portion of the law and conclude
otherwise?. Regarding the Canada issue I´d not know what to say but
make a search in google with ´canada visa enter ban´ or similar and
you should be able to find something. If there is an attorney reading
it would be nice to reconfirm this issue about the ban.
Regards
lairdside wrote in message news:...
> Thankyou. I suspected strongly that the D/S stamp may be exempt to the
> 3/10 yr bar in some way but didn't want to state this without knowing
> the details of why. So basically it's similar to a Canadian who enters
> without a visa and does not start to accrue overstay until they are
> judged deportable by an immigration judge ?
BUT please do not take as a definitive answer it might not be that
straightforward, but who can read that portion of the law and conclude
otherwise?. Regarding the Canada issue I´d not know what to say but
make a search in google with ´canada visa enter ban´ or similar and
you should be able to find something. If there is an attorney reading
it would be nice to reconfirm this issue about the ban.
Regards
lairdside wrote in message news:...
> Thankyou. I suspected strongly that the D/S stamp may be exempt to the
> 3/10 yr bar in some way but didn't want to state this without knowing
> the details of why. So basically it's similar to a Canadian who enters
> without a visa and does not start to accrue overstay until they are
> judged deportable by an immigration judge ?
Apr 3rd 2003, 2:00 am
#8
Guest
Posts: n/a
Re: Help with tourist visa
This may help your last question:
http://groups.google.cl/groups?hl=es...om%26rnum%3D18
Regards
lairdside wrote in message news:...
> Thankyou. I suspected strongly that the D/S stamp may be exempt to the
> 3/10 yr bar in some way but didn't want to state this without knowing
> the details of why. So basically it's similar to a Canadian who enters
> without a visa and does not start to accrue overstay until they are
> judged deportable by an immigration judge ?
http://groups.google.cl/groups?hl=es...om%26rnum%3D18
Regards
lairdside wrote in message news:...
> Thankyou. I suspected strongly that the D/S stamp may be exempt to the
> 3/10 yr bar in some way but didn't want to state this without knowing
> the details of why. So basically it's similar to a Canadian who enters
> without a visa and does not start to accrue overstay until they are
> judged deportable by an immigration judge ?
Apr 3rd 2003, 2:33 am
#9
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Thanks! The article seems to agree the two situations are similar in this respect. I thought they seemed comparable. Now the problem is they'll probably change it soon 
Apr 3rd 2003, 9:46 am
#10
Forum Regular
Joined: Oct 2002
Location: Toronto
Posts: 103
Re: Help with tourist visa
For your information D/S mean duration of study
Originally posted by R J
D/S means "Duration of Status". Once he got his degree, he was no longer F1.
Therefore, any time spent in the US after the degree, was "out of status".
An overstay is an intent to defraud, so the inspector could very well have
barred him for the 3/10 years.
"lairdside" wrote in message
news:[email protected]...
> Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I think
> he needs to seek qualified advice on this one.....
> --
> Posted via http://britishexpats.com
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
D/S means "Duration of Status". Once he got his degree, he was no longer F1.
Therefore, any time spent in the US after the degree, was "out of status".
An overstay is an intent to defraud, so the inspector could very well have
barred him for the 3/10 years.
"lairdside" wrote in message
news:[email protected]...
> Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I think
> he needs to seek qualified advice on this one.....
> --
> Posted via http://britishexpats.com
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
Apr 3rd 2003, 3:17 pm
#11
Guest
Posts: n/a
Re: Help with tourist visa
Thank you for the information. I can only refer to 2 references, the
Immigration and Naturalization Act, and the Inspectors Field Manual.
According to the field manual, Chapter 15.4(f), D/S means "duration of
status". And regarding the INA Section 101(F)(i), the entry must be
"temporary for study only".
"ihassan" wrote in message
news:[email protected]...
> For your information D/S mean duration of study
> Originally posted by R J
> > D/S means "Duration of Status". Once he got his degree, he was no
> > longer F1.
> > Therefore, any time spent in the US after the degree, was "out of
> > status".
> > An overstay is an intent to defraud, so the inspector could very
> > well have
> > barred him for the 3/10 years.
> >
> > "lairdside" wrote in message
> > news:[email protected]"]news:720532.104925428-
> > [email protected][/url]...
> > > Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I
> > think
> > > he needs to seek qualified advice on this one.....
> > > --
> > > Posted via http://britishexpats.com/"]http://britishexpat-
> > s.com[/url]
> >
> >
> > ---
> > Outgoing mail is certified Virus Free.
> > Checked by AVG anti-virus system
> > (http://www.grisoft.com/http://www.grisoft.com).
> Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
> --
> kakarzai
> Posted via http://britishexpats.com
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
Immigration and Naturalization Act, and the Inspectors Field Manual.
According to the field manual, Chapter 15.4(f), D/S means "duration of
status". And regarding the INA Section 101(F)(i), the entry must be
"temporary for study only".
"ihassan" wrote in message
news:[email protected]...
> For your information D/S mean duration of study
> Originally posted by R J
> > D/S means "Duration of Status". Once he got his degree, he was no
> > longer F1.
> > Therefore, any time spent in the US after the degree, was "out of
> > status".
> > An overstay is an intent to defraud, so the inspector could very
> > well have
> > barred him for the 3/10 years.
> >
> > "lairdside" wrote in message
> > news:[email protected]"]news:720532.104925428-
> > [email protected][/url]...
> > > Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I
> > think
> > > he needs to seek qualified advice on this one.....
> > > --
> > > Posted via http://britishexpats.com/"]http://britishexpat-
> > s.com[/url]
> >
> >
> > ---
> > Outgoing mail is certified Virus Free.
> > Checked by AVG anti-virus system
> > (http://www.grisoft.com/http://www.grisoft.com).
> Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
> --
> kakarzai
> Posted via http://britishexpats.com
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
Apr 3rd 2003, 9:22 pm
#12
Guest
Posts: n/a
Re: Help with tourist visa
Thay may be, but I BELIEVE you are still wrong regarding the 3/10-year
ban: an F1 student with a D/S in his I-94 is *not* subject to INA
section
212(a)(9)(B).
I quote a previous message:
´The rule for the 3 and 10 year bars refers to "unlawful presence."
Unlawful presence begins the day after a date certain on Form I-94, or
the day that INS or an Immigration Judge formally determines that the
person has violated status. The term "unlawful status" is not
precisely defined with respect to the bars of inadmissibility, to my
knowledge. ´
Any feedback?
Regards
On Thu, 03 Apr 2003 16:17:56 GMT, "R J" wrote:
>Thank you for the information. I can only refer to 2 references, the
>Immigration and Naturalization Act, and the Inspectors Field Manual.
>According to the field manual, Chapter 15.4(f), D/S means "duration of
>status". And regarding the INA Section 101(F)(i), the entry must be
>"temporary for study only".
>"ihassan" wrote in message
>news:[email protected]...
>> For your information D/S mean duration of study
>> Originally posted by R J
>> > D/S means "Duration of Status". Once he got his degree, he was no
>> > longer F1.
>> > Therefore, any time spent in the US after the degree, was "out of
>> > status".
>> > An overstay is an intent to defraud, so the inspector could very
>> > well have
>> > barred him for the 3/10 years.
>> >
>> > "lairdside" wrote in message
>> > news:[email protected]"]news:720532.104925428-
>> > [email protected][/url]...
>> > > Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I
>> > think
>> > > he needs to seek qualified advice on this one.....
>> > > --
>> > > Posted via http://britishexpats.com/"]http://britishexpat-
>> > s.com[/url]
>> >
>> >
>> > ---
>> > Outgoing mail is certified Virus Free.
>> > Checked by AVG anti-virus system
>> > (http://www.grisoft.com/http://www.grisoft.com).
>> Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
>> --
>> kakarzai
>> Posted via http://britishexpats.com
>---
>Outgoing mail is certified Virus Free.
>Checked by AVG anti-virus system (http://www.grisoft.com).
>Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
ban: an F1 student with a D/S in his I-94 is *not* subject to INA
section
212(a)(9)(B).
I quote a previous message:
´The rule for the 3 and 10 year bars refers to "unlawful presence."
Unlawful presence begins the day after a date certain on Form I-94, or
the day that INS or an Immigration Judge formally determines that the
person has violated status. The term "unlawful status" is not
precisely defined with respect to the bars of inadmissibility, to my
knowledge. ´
Any feedback?
Regards
On Thu, 03 Apr 2003 16:17:56 GMT, "R J" wrote:
>Thank you for the information. I can only refer to 2 references, the
>Immigration and Naturalization Act, and the Inspectors Field Manual.
>According to the field manual, Chapter 15.4(f), D/S means "duration of
>status". And regarding the INA Section 101(F)(i), the entry must be
>"temporary for study only".
>"ihassan" wrote in message
>news:[email protected]...
>> For your information D/S mean duration of study
>> Originally posted by R J
>> > D/S means "Duration of Status". Once he got his degree, he was no
>> > longer F1.
>> > Therefore, any time spent in the US after the degree, was "out of
>> > status".
>> > An overstay is an intent to defraud, so the inspector could very
>> > well have
>> > barred him for the 3/10 years.
>> >
>> > "lairdside" wrote in message
>> > news:[email protected]"]news:720532.104925428-
>> > [email protected][/url]...
>> > > Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I
>> > think
>> > > he needs to seek qualified advice on this one.....
>> > > --
>> > > Posted via http://britishexpats.com/"]http://britishexpat-
>> > s.com[/url]
>> >
>> >
>> > ---
>> > Outgoing mail is certified Virus Free.
>> > Checked by AVG anti-virus system
>> > (http://www.grisoft.com/http://www.grisoft.com).
>> Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
>> --
>> kakarzai
>> Posted via http://britishexpats.com
>---
>Outgoing mail is certified Virus Free.
>Checked by AVG anti-virus system (http://www.grisoft.com).
>Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
Apr 3rd 2003, 9:51 pm
#13
Guest
Posts: n/a
Re: Help with tourist visa
"Troy M." wrote:
>
> Thay may be, but I BELIEVE you are still wrong regarding the 3/10-year
> ban: an F1 student with a D/S in his I-94 is *not* subject to INA
> section
> 212(a)(9)(B).
>
> I quote a previous message:
> ´The rule for the 3 and 10 year bars refers to "unlawful presence."
> Unlawful presence begins the day after a date certain on Form I-94, or
> the day that INS or an Immigration Judge formally determines that the
> person has violated status. The term "unlawful status" is not
> precisely defined with respect to the bars of inadmissibility, to my
> knowledge. ´
>
> Any feedback?
>
> Regards
The answer can be found in a Department of State memo to various
embassies outlining the implementation of 212(a)(9)(B), that has been
posted on the web site of the prominent immigration lawyers ... Chang
and Boos
http://www.americanlaw.com/unlawfulmemo4.html
To quote from this cable memo ...
"C) Duration of Status Cases: An alien admitted for “duration of
status� (such as a student or exchange visitor) will only begin to
accrue unlawful presence if either:
. An Immigration Judge (IJ) finds the alien has violated status
and is excludable/deportable/removable; or,
. The INS, in the course of adjudicating an application for a
benefit (e.g., extension of stay or change of status),
determines that a status violation has occurred."
and
"(F) In cases where the “unlawful presence� determination is based
on an INS or IJ finding of a status violation, the clock starts to run
from the date of the INS or IJ determination, not/not from the date on
which the alien enters on an F visa on September 1, 1997, drops out of
school on October 1, 1997, and fails to depart, and if the INS or an
IJ subsequently makes a finding of a status violation on, say,
February 1, 1999, the “unlawful presence� clock begins to run on
February 1, 1999, not on October 1, 1997, and the alien would not be
subject to 9B unless he remained in the U.S. without authorization for
an additional 181 days or more after the February 1, 1999
determination."
In other words, yes, a D/S entry is still subject to 9(B), but only
after a determination from the INS (CBS/BCIS) or an Immigration Judge
that the D/S alien is out of status, and only from the date of that
determination.
There are now essentially 2 forms of "Unlawful Presence". There is
"Unlawful Presence" which equates to "out of status" and then there is
"Unlawful Presence for the purposes of 9(B)" which includes the
anomolies for both date certain status or duration of status entries.
>
> Thay may be, but I BELIEVE you are still wrong regarding the 3/10-year
> ban: an F1 student with a D/S in his I-94 is *not* subject to INA
> section
> 212(a)(9)(B).
>
> I quote a previous message:
> ´The rule for the 3 and 10 year bars refers to "unlawful presence."
> Unlawful presence begins the day after a date certain on Form I-94, or
> the day that INS or an Immigration Judge formally determines that the
> person has violated status. The term "unlawful status" is not
> precisely defined with respect to the bars of inadmissibility, to my
> knowledge. ´
>
> Any feedback?
>
> Regards
The answer can be found in a Department of State memo to various
embassies outlining the implementation of 212(a)(9)(B), that has been
posted on the web site of the prominent immigration lawyers ... Chang
and Boos
http://www.americanlaw.com/unlawfulmemo4.html
To quote from this cable memo ...
"C) Duration of Status Cases: An alien admitted for “duration of
status� (such as a student or exchange visitor) will only begin to
accrue unlawful presence if either:
. An Immigration Judge (IJ) finds the alien has violated status
and is excludable/deportable/removable; or,
. The INS, in the course of adjudicating an application for a
benefit (e.g., extension of stay or change of status),
determines that a status violation has occurred."
and
"(F) In cases where the “unlawful presence� determination is based
on an INS or IJ finding of a status violation, the clock starts to run
from the date of the INS or IJ determination, not/not from the date on
which the alien enters on an F visa on September 1, 1997, drops out of
school on October 1, 1997, and fails to depart, and if the INS or an
IJ subsequently makes a finding of a status violation on, say,
February 1, 1999, the “unlawful presence� clock begins to run on
February 1, 1999, not on October 1, 1997, and the alien would not be
subject to 9B unless he remained in the U.S. without authorization for
an additional 181 days or more after the February 1, 1999
determination."
In other words, yes, a D/S entry is still subject to 9(B), but only
after a determination from the INS (CBS/BCIS) or an Immigration Judge
that the D/S alien is out of status, and only from the date of that
determination.
There are now essentially 2 forms of "Unlawful Presence". There is
"Unlawful Presence" which equates to "out of status" and then there is
"Unlawful Presence for the purposes of 9(B)" which includes the
anomolies for both date certain status or duration of status entries.
Apr 3rd 2003, 10:19 pm
#14
Guest
Posts: n/a
Re: Help with tourist visa
I stand corrected.
"Troy M." wrote in message
news:[email protected]...
> Thay may be, but I BELIEVE you are still wrong regarding the 3/10-year
> ban: an F1 student with a D/S in his I-94 is *not* subject to INA
> section
> 212(a)(9)(B).
> I quote a previous message:
> ´The rule for the 3 and 10 year bars refers to "unlawful presence."
> Unlawful presence begins the day after a date certain on Form I-94, or
> the day that INS or an Immigration Judge formally determines that the
> person has violated status. The term "unlawful status" is not
> precisely defined with respect to the bars of inadmissibility, to my
> knowledge. ´
> Any feedback?
> Regards
> On Thu, 03 Apr 2003 16:17:56 GMT, "R J" wrote:
> >Thank you for the information. I can only refer to 2 references, the
> >Immigration and Naturalization Act, and the Inspectors Field Manual.
> >According to the field manual, Chapter 15.4(f), D/S means "duration of
> >status". And regarding the INA Section 101(F)(i), the entry must be
> >"temporary for study only".
> >
> >"ihassan" wrote in message
> >news:[email protected]...
> >>
> >> For your information D/S mean duration of study
> >>
> >> Originally posted by R J
> >> > D/S means "Duration of Status". Once he got his degree, he was no
> >> > longer F1.
> >> > Therefore, any time spent in the US after the degree, was "out of
> >> > status".
> >> > An overstay is an intent to defraud, so the inspector could very
> >> > well have
> >> > barred him for the 3/10 years.
> >> >
> >> > "lairdside" wrote in message
> >> > news:[email protected]"]news:720532.104925428-
> >> > [email protected][/url]...
> >> > > Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I
> >> > think
> >> > > he needs to seek qualified advice on this one.....
> >> > > --
> >> > > Posted via http://britishexpats.com/"]http://britishexpat-
> >> > s.com[/url]
> >> >
> >> >
> >> > ---
> >> > Outgoing mail is certified Virus Free.
> >> > Checked by AVG anti-virus system
> >> > (http://www.grisoft.com/http://www.grisoft.com).
> >> Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
> >>
> >> --
> >> kakarzai
> >>
> >>
> >> Posted via http://britishexpats.com
> >
> >
> >---
> >Outgoing mail is certified Virus Free.
> >Checked by AVG anti-virus system (http://www.grisoft.com).
> >Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
> >
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
"Troy M." wrote in message
news:[email protected]...
> Thay may be, but I BELIEVE you are still wrong regarding the 3/10-year
> ban: an F1 student with a D/S in his I-94 is *not* subject to INA
> section
> 212(a)(9)(B).
> I quote a previous message:
> ´The rule for the 3 and 10 year bars refers to "unlawful presence."
> Unlawful presence begins the day after a date certain on Form I-94, or
> the day that INS or an Immigration Judge formally determines that the
> person has violated status. The term "unlawful status" is not
> precisely defined with respect to the bars of inadmissibility, to my
> knowledge. ´
> Any feedback?
> Regards
> On Thu, 03 Apr 2003 16:17:56 GMT, "R J" wrote:
> >Thank you for the information. I can only refer to 2 references, the
> >Immigration and Naturalization Act, and the Inspectors Field Manual.
> >According to the field manual, Chapter 15.4(f), D/S means "duration of
> >status". And regarding the INA Section 101(F)(i), the entry must be
> >"temporary for study only".
> >
> >"ihassan" wrote in message
> >news:[email protected]...
> >>
> >> For your information D/S mean duration of study
> >>
> >> Originally posted by R J
> >> > D/S means "Duration of Status". Once he got his degree, he was no
> >> > longer F1.
> >> > Therefore, any time spent in the US after the degree, was "out of
> >> > status".
> >> > An overstay is an intent to defraud, so the inspector could very
> >> > well have
> >> > barred him for the 3/10 years.
> >> >
> >> > "lairdside" wrote in message
> >> > news:[email protected]"]news:720532.104925428-
> >> > [email protected][/url]...
> >> > > Hmm.. I'm not sure about the 3/10 yr bar as his stamp was D/S. I
> >> > think
> >> > > he needs to seek qualified advice on this one.....
> >> > > --
> >> > > Posted via http://britishexpats.com/"]http://britishexpat-
> >> > s.com[/url]
> >> >
> >> >
> >> > ---
> >> > Outgoing mail is certified Virus Free.
> >> > Checked by AVG anti-virus system
> >> > (http://www.grisoft.com/http://www.grisoft.com).
> >> Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
> >>
> >> --
> >> kakarzai
> >>
> >>
> >> Posted via http://britishexpats.com
> >
> >
> >---
> >Outgoing mail is certified Virus Free.
> >Checked by AVG anti-virus system (http://www.grisoft.com).
> >Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
> >
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.467 / Virus Database: 266 - Release Date: 4/1/2003
