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will F-1 D/S out of status be subject to the ban?

will F-1 D/S out of status be subject to the ban?

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Old Jan 11th 2006, 1:49 am
  #1  
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Default will F-1 D/S out of status be subject to the ban?

My niece is in America and has F-1 visa with D/S notation. She
is "out of status", due to her not having a current I-20. She doesn't
want to stay here since she's out of status. She plans to return to
her homecountry. Only her family and she knows that she's out of
status. Her school does not yet have any knowledge that she's out of
status and her family has not told the school that she's out of status.



My question is: is she subject to the ban? She plans to re-apply for
F-1 in her homecountry and come back here again with new F-1.
 
Old Jan 11th 2006, 2:45 am
  #2  
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Default Re: will F-1 D/S out of status be subject to the ban?

Originally Posted by [email protected]
My niece is in America and has F-1 visa with D/S notation. She
is "out of status", due to her not having a current I-20. She doesn't
want to stay here since she's out of status. She plans to return to
her homecountry. Only her family and she knows that she's out of
status. Her school does not yet have any knowledge that she's out of
status and her family has not told the school that she's out of status.



My question is: is she subject to the ban? She plans to re-apply for
F-1 in her homecountry and come back here again with new F-1.
What ban?
Folinskyinla is offline  
Old Jan 11th 2006, 4:35 am
  #3  
amanda772006
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Default Re: will F-1 D/S out of status be subject to the ban?

[email protected] wrote:
    > My niece is in America and has F-1 visa with D/S notation. She
    > is "out of status", due to her not having a current I-20. She doesn't
    > want to stay here since she's out of status. She plans to return to
    > her homecountry. Only her family and she knows that she's out of
    > status. Her school does not yet have any knowledge that she's out of
    > status and her family has not told the school that she's out of status.
    > My question is: is she subject to the ban? She plans to re-apply for
    > F-1 in her homecountry and come back here again with new F-1.

If she doesn't want to stay here and plan to return home, what are you
worried about unless she doesn't plan to return home if she is sure
that the immigration office will not track her down and serves her with
the paper.
 
Old Jan 11th 2006, 7:05 pm
  #4  
ImmGuru1
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Default Re: will F-1 D/S out of status be subject to the ban?

While your niece is not subject to the 3/10 year bar because of the D/S
notation on her I-94 and because she has not been adjudicated out of
status, she will have a very difficult time reapplying for an F1 visa
in her homecountry. The embassy will likely deny her application on
214(b) intending immigrant grounds. Depending upon how long she has
overstayed her I-20, she may be eligible for reinstatement while she
remains her in the US. She should consult an attorney.

David
www.katonamir.com

[email protected] wrote:
    > My niece is in America and has F-1 visa with D/S notation. She
    > is "out of status", due to her not having a current I-20. She doesn't
    > want to stay here since she's out of status. She plans to return to
    > her homecountry. Only her family and she knows that she's out of
    > status. Her school does not yet have any knowledge that she's out of
    > status and her family has not told the school that she's out of status.
    > My question is: is she subject to the ban? She plans to re-apply for
    > F-1 in her homecountry and come back here again with new F-1.
 
Old Jan 11th 2006, 11:17 pm
  #5  
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Default Re: will F-1 D/S out of status be subject to the ban?

ImmGuru1 wrote:
    > While your niece is not subject to the 3/10 year bar because of the D/S
    > notation on her I-94 and because she has not been adjudicated out of
    > status, she will have a very difficult time reapplying for an F1 visa
    > in her homecountry. The embassy will likely deny her application on
    > 214(b) intending immigrant grounds. Depending upon how long she has
    > overstayed her I-20, she may be eligible for reinstatement while she
    > remains her in the US. She should consult an attorney.


thanks for the answer.
 

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