QUESTION
Is it still possible to be found unlawful presence or out of status without appearing on court without seeing an immigration judge?
Asked on Apr 18th, 2017 on Immigration - California
More details to this question:
I went to US for 2 times on F1 visa. On my first visit I stayed around 10 months and returned back to my country of origin. On my second visit I stayed 2 years and 3 months and returned back to my country of origin. On my second visit my school terminated me on September 2015 and I left the country on August 2016. (I believe that makes me out of status for 11 months) I talked to immigration and she told me since I was on student visa there is no unlawful presence. If a judge did not find me out of status therefore there is no time bar. I did not appear on court and no judge found me out of status but my situation is I changed many cities and states after my termination by the school on September 2015, so if I received any kind of court order related to my status in my mailbox of any address I have shown (driver's license or school database) I did not have the chance to get any mail and never appeared on court. My question is if a court sent me a date for my out of status case and since I did not appear on court if it happened, left the country by myself without any immigration officer; nobody told me anything or did any operation when I jumped into plane while leaving.
1 ANSWER
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Sheppard Mullin
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I can answer your question in general terms: 1. For F-1 student, even if you drops out of school and the school terminated you, unless you receive a notice from the USCIS or a decision from immigration judge that you started to accrue unlawful presence for the 3/10 year bar purposes, you do not have that "unlawful presence". Please note, however, this does not mean your stay in the US after you lose your F-1 status is legal or lawful. It only means you may not be subject to the 3/10 year bar. 2. If you stayed in the US after you dropped out of school, your chance to get another visa from the US Consulate/Embassy will be reduced, even if you have good reason to visit the US again. 3. The USCIS/ICE may refer you to immigration court for removal after the US government learned your termination from the school. The notice may be mailed to your last known address. It is also possible that no notice was ever mailed to you. You should try to find out if notice was mailed to you. It is better to hire an immigration lawyer to find out.
Answered on Jul 15th, 2017 at 4:55 AM