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DAP Forums > DREAM Act > The Lounge

If last visa J, F, M or I - you may be eligible for a visa!

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#1
06-29-2007, 09:18 AM
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Bogdani
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If the conditions described here apply to you, you may be able to obtain a visa. Please forward this to all of your friends who may also be able to take advantage of this. I posted this topic at cosaonline.com.


If you came to US on a J, F, M of I visa and you overstayed, but your I-94 form attached to your passport (Arrival/Departure card) shows "D/S" (duration of status) and you did not subsequently apply for a visa, then you did not accumulate "unlawful presence", unless otherwise determinated by USCIS or immigration judge. If these apply to you, then your being out-of-status does not make you inadmisible, because no unlawful presence was accumulated and only periods of unlawful presence of more than 180 days result in an inadmisibility bar. The link below explains the difference between "out-of-status", "violation of status", "unauthorized stay" and "unlawful presence", offering other information that you may find interesting. Also, for convenience, I am adding some of the relevant text following the link.

I am not an attorney. If you want to act upon reading this message, please consult an attorney.

I hope this helps some of you. Please let me know.

Bogdan



http://www.mnllp.com/engunlawfulinfo...0&%20Penalties


Unlawful Presence & Penalties

Unlawful presence in the United States can affect an applicant in many different ways. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) created the "3- and 10- year inadmissibility" bars for individuals who are unlawfully present in the United States. The overall consequence of being "unlawfully present" are:
1. If in the U.S., and applying for a nonimmigrant visa, prohibit an applicant from changing and/or extending status in the United States.
2. If outside the U.S., prohibit an applicant from obtaining a visa (nonimmigrant OR immigrant) at the U.S. Consulate/Embassy.
3. If in the U.S., and applying for an immigrant visa "green card," prohibit an applicant from adjusting status in the United States ("bar to adjustment").
..........................Time / Unlawfully Present in the U.S. ..........................Penalty
More than 180 consecutive days but less than 1 year commencing on April 1, 1997. Inadmissible for three (3) years.
More one (1) year (consecutive days) commencing on April 1, 1997. Inadmissible for ten (10) years.
More than one (1) year (aggregate) commencing on April 1, 1997, and entering the U.S. without inspection (Entry Without Inspection (EWI). Permanently inadmissible to the U.S.
.......................... ..........................
...
...
Unlawful Presence Start Date
There is a difference between a "violation of status" "out of status" and "overstay (unlawful presence)."
Violation of Status occurs when a nonimmigrant takes action that is not within the scope of the visa category.
......- example: F-1 student working without authorization.

Out of Status occurs when a duration of status has expired, and/or when a "violation of status" occurs (and when such a determination is made by the US CIS).

......- example: H-1B specialist with an expired visa "status" (duration of status) document.
......- example: F-1 student working without authorization (violation of status) and a determination of violation made by the US CIS.

Overstay (Unlawful Presence) occurs when an individual is "out of status (expired duration of status)" (and if he/she does not have "authorized stay.")

......- example: B-2 tourist with an expired visa "status" (duration of status) document and who files an untimely
...........change of status application (and therefore does not have "authorized stay")

The period for unlawful presence (overstay) begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation**, determined by an immigration judge, or
3) status violation**, determined by the US CIS during the course of adjudicating a benefit application.
*No date, but "D/S" on I-94 Arrival/Departure Card (typical "D/S" holders are F, M, J and I visa status holders).
For those who do not have an expiration date on the I-94 card, but "D/S" (duration of status), there can be no "unlawful presence," unless (2) or (3) above.
**Status Violation: i.e., unauthorized employment; for a student, a failure to pursue a full course load; for nonimmigrant worker, a violation of the terms of the particular visa.

Important: A status violation determination must be must be made by an immigration judge or the US CIS, for the individual to be considered to be unlawfully present. Therefore, even if a person is in "violation of status," he/she may not be considered as being unlawfully present -- unless there is a determination.
...
...
Students With "D/S"
A nonimmigrant student does not accrue unlawful presence unless a status violation determination has been made.
Students do not have an expiration date on the visa "status" document, but "D/S" (duration of status) on the I-94 Arrival/Departure Card (typical "D/S" holders are F, M, J and I visa status holders). Unless a status violation determination is made, there is no unlawful presence, even if there are status violations. Therefore, if a "D/S" student files for "re-instatement" to F-1 status, he/she may trigger the US CIS to make a determination that there is a status violation. If this determination is made, unlawful presence begins on the date of the determination.)
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#2
06-29-2007, 03:21 PM
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thedream
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i don't get this. anyone wanna explain?
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#3
07-01-2007, 02:00 PM
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cestlavie
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ok that's confusing. I'm 16, came here with a tourist visa, about 6 years ago and obviously overstayed, I came when I was 11yrs old. so.... now what?
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