QUESTION
When did I start accruing unlawful presence?
Asked on Sep 20th, 2017 on Immigration - California
More details to this question:
I was an F1 student but I withdrew from school in January 2015 due to illness. I have stayed in the US ever since. In February 2017, I submitted a case with USCIS for reinstatement of my F1 status but was denied in May 2017. I filed a motion within the time frame given. It’s been almost 3 months and I still have not heard back from them. I’m still staying in the US. I want to know whether or not I have accrued unlawful presence? If so, since when? Thank you.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Unlawful presence for you begin accruing in May 2017 when U.S.C.I.S. denied your F-1 reinstatement request. For an individual like you with a visa marked duration of status, unlawful presence only begins when you receive formal notice from U.S.C.I.S. of a denial or a negative decision by an immigration court.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 15th, 2017 at 5:25 PM