Mavis W

Hi, I'm having a hard time trying to figure out when "unlawful presence" begins to accrue for a D/S (duration of status) non-immigrant who was granted voluntary departure after removal proceedings lasted more than two years. Is it when the NTA (Notice to Appear) was served or when the IJ (immigration judge) determined there had been a status violation? Some other things to consider are; the non-immigrant initiated the removal proceedings when she turned herself in for processing.

I am aware of the following:

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" (D/S). An alien admitted for "duration of status" will begin to accrue unlawful presence only 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 or adjustment of status), determines that a status violation has occurred.

My confusion comes from trying to determine if the "Notice to appear" is INS's way of saying they found a status violation even though in this particular non-immigrants case, the NTA (notice to appear) was not served after the INS, in the course of adjudicating an application for a benefit (e.g., extension of stay.......), determined that a status violation has occurred. Instead it was issued after she turned herself in.

Ray

Lawyer time .............