QUESTION
Can I enter US with an F1 visa If I previously overstayed for four years?
Asked on Feb 20th, 2013 on Immigration - New York
More details to this question:
I just got my F1 visa, but I overstayed in the United States for about 4 years. I have been in my country for 3 years. Can I enter United States successfully without the bar?
4 ANSWERS
Adebola O. Asekun
This depends on a number of factors including the type of visa used to enter US as well as length of your past period of unlawful stay. Generally, if an alien accrues unlawful presence of 180 continuous days or more [but less than 1 year] and after which the alien leaves United States, the alien will be barred fro 3 years. An alien who accrues 1 year or more of unlawful presence and then departs the US, the alien is barred for 10 years. Unlike most other visas, calculation of unlawful presence period of F-1 and G-1 entrants is calculated differently. Unlike other visas, F-1 and G-1 visa entrants are admitted for duration of status. D/S and their I-94 does not indicate a definite calendar date after which they must leave the US or else start accruing unlawful status. For them, unlawful presence only begins to count from the date CIS makes a determination. To be sure, you should consult with an immigration attorney before you enter US , because, like any other visa, an F-1 visa is only an application for admission and you will be allowed to the US only after a CBP officer at the airport grants your application to enter.
Answered on Feb 26th, 2013 at 3:59 PM
What was your previous status when you overstayed?
Answered on Feb 25th, 2013 at 2:35 PM
This is unclear, but you may be okay. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. A student usually enters on what is called "duration of status." This means that the USCIS, University or College must terminate status before a student accrues any unlawful presence. If your student status was not terminated. That is, you finished school or dropped out, but left the U. S. with the D/S status at the time of departure, then you may be okay. However, there may be other issues, such as unlawful employment that may have an impact. Again, you need to discuss the complications with an attorney, who is willing to take the time to carefully review the details.
Answered on Feb 25th, 2013 at 2:35 PM
It depends on what visa your overstayed.
Answered on Feb 25th, 2013 at 2:34 PM