Overstayed Visa - Now what?
Bree
violating it. Am in the midst of making plans to return to Australia
next week, but have found out that the INS is now looking me. What are
my best options from here?
*Should I make plans to leave asap and just get on the plane as
normal, or turn myself in to the INS?
*If I do turn myself in with the help of the Australian consulate, is
it possible they can reach an agreement with the INS that would result
in my own leaving, rather than deportation?
*If the INS refuses and says I am to be deported, what happens next?
Process, etc.
*If I end up leaving on my own accord with passport and ticket, what
can I expect at that airport (LAX)?
Thanks, advice is appreciated.
ray6
Buy a ticket and leave ..Thats all they want you to do...
Pss....don't
try to come back for many a year
--
Posted via http://britishexpats.com
scp1
get out but best not by plane, if you can get to canada without control
do it
TexasAlex
Talk to a good immigration lawyer and do it quickly. You did something
stupid, and now you need good legal advice.
It will cost you a little
bit, but it might save you a lot of trouble.
crg14624
>
> get out but best not by plane, if you can get to canada
> without control
> do it
If Canada kicks him back to the
> US, then what do you think happens? I'll give you a clue (handcuffs).
> Bad advice.
The US just wants him to leave, so I'd vote for flying
> out as planned.
LucyMO
For an F-1 student with D/S on their I-94 illegal presence doesn't start
accumulating until an immigration officer makes an official
determination that the student is out of status.
If you are an F-1
student with D/S on your I-94, simply leave the country without turning
yourself in anywhere.
matrix
"LucyMO" <member20158@british_expats.com> wrote in message
news:1544006.1...@britishexpats.com...
What you are saying is not accurate and is very misleading. An F-1 becomes
out of status the moment he doesn't not comply anymore with the conditions
that gave him that F-1 status! D/S (duration of status) designation is
dependent upon that condition of staying in status. Of course a student has
to be determined if in fact someone has become out of status but the start
of that getting out of status begins at the moment when he has fallen out of
status regardless of whether he was caught by the immigration inspector or
not! The determination of an immigration officer just make it official for
record purposes and it does not postpone the beginning of the violation.
Students are now under the SEVIS program which is controlled and monitored
by BICE and schools are obligated to promptly report students who has fallen
out of status!
What you have just stated previously is akin saying a crime or a violation
hasn't started if the perpetrator hasn't been caught yet by a law enforcer.
Lance Annes
I believe she was talking about Illegal Presence with is what will
trigger the 2/10 year ban. I'd advice to consult an immigration
lawyer before leaving and also follow these links that explain the
situation better. The D/S in your passwort could be good news as you
might not be subject to the 10 year ban.
On the other hand the fact that they are looking for you might be a
sign they've determined you are
There so many more references in google; good luck!
spouse
If you have overstayed your visa by more than a year - you will be able
to leave with no problem. Don't expect any problems at the airport.
HOWEVER, you will be barred from returning to the USA for 10 years
(3/10 year bar). The only exception of which I am aware is if you fall
in love with and marry a USC/LPR. Then a waiver would be available to
you.
This may not sound like such a bad idea... but please consider
that you will also be banned (for the most part) from stopovers in the
United States en route to other countries as well. From Australia you
can probably get stopovers in Asia, en route to many countries,
relatively easily... but it is something to consider.
The bar is not
activated while you are in the United States. However, if you are
deported you will most likely be given another 5 or 10 year bar to run
concurrently with the unlawful presence bar. Yet, if they are truly
looking for you and you don't mind not returning to the USA, it might
be best to leave the USA asap, as any detention that could occur has
been found harrowing by several people I have talked to.
There is a
chance you would be given "voluntary departure" (under an order of
removal), but only if they have good reason to believe that you will
not violate it.
LucyMO
"Subparagraph INA 212(a)(9)(B)(ii) provides the following
construction
for the term "unlawful presence":
9 FAM 40.92 N1 Interpretation of
"Unlawful Presence:
d. For persons who have been admitted for
duration of status (DOS) (as is usually the case with aliens in A, G,
F, J and I visa status), unlawful presence will not accrue unless an
immigration officer or immigration judge finds a status violation in
the context of a request for an immigration benefit or a deportation
proceeding. Therefore, a consular officer's belief that an
alien
violated his or her status in the United States is not, in itself,
sufficient for an INA 212(a)(9)(B) finding, unless the alien entered
without having been admitted or stayed beyond the Form I-94 specified
date. Otherwise, only a finding of violation of status by the INS or an
immigration judge can cause a period of "unlawful presence" to begin."
Do you see the last sentence?
crg14624
Originally posted by LucyMO
Noone is saying
that someone admitted D/S is earning unlawful presence when they
violate their status. Even though they aren't earning unlawful
presence until an officer, inspector, judge, or adjudicator rules that
they are out of status, they are still out of status.
If they make
it out without getting that determination they don't have the bar
under 9B, but they are still an illegal alien and subject to arrest
and deportation until such time as they make it out of the U.S.
because they are out of status.
It's like saying a bank robber isn't
a criminal until they get caught. They may not go to jail until they
are caught, but they are still criminals.
If this person attempts to
depart the US through Canada and is sent back to the US side by the
Canadians, they will be arrested and either held in custody to see an
immigration judge, or released with a notice to appear before a judge.
They could get ordered removed under section 237(a)(1)(C)(i) as a
non-immigrant status violator and be barred for 10 years.
J. J. Farrell
> "LucyMO" <member20158@british_expats.com> wrote in message
> news:1544006.1...@britishexpats.com...
> |
> | For an F-1 student with D/S on their I-94 illegal presence doesn't start
> | accumulating until an immigration officer makes an official
> | determination that the student is out of status.
> |
> | If you are an F-1
> | student with D/S on your I-94, simply leave the country without turning
> | yourself in anywhere.
>
> out of status the moment he doesn't not comply anymore with the conditions
> that gave him that F-1 status! D/S (duration of status) designation is
> dependent upon that condition of staying in status. Of course a student has
> to be determined if in fact someone has become out of status but the start
> of that getting out of status begins at the moment when he has fallen out of
> status regardless of whether he was caught by the immigration inspector or
> not! The determination of an immigration officer just make it official for
> record purposes and it does not postpone the beginning of the violation.
> Students are now under the SEVIS program which is controlled and monitored
> by BICE and schools are obligated to promptly report students who has fallen
> out of status!
What you are saying is not accurate and is very misleading. LucyMO was
talking about "illegal presence" as opposed to just "out of status",
which is why she used those terms in the way she did. Her description
of the situation was correct. The determination of an immigration
officer does not determine the start of "out of status" (which obviously
starts when the person goes out of status) but it does a lot more than
"make it official for record purposes". The determination starts the
period of "illegal presence" - for example, it starts counting towards
re-entry bars, and it causes automatic cancellation of the visa.
> What you have just stated previously is akin saying a crime or a violation
> hasn't started if the perpetrator hasn't been caught yet by a law enforcer.
Nonsense. If you want to use that analogy, it's like saying that a
person isn't under arrest until they have been arrested by a law
enforcer. A D/S person goes "out of status" when they stop maintaining
status; they become "illegally present" when an immigration officer
makes an official determination that they are "out of status".
Adam
u should not have any problem at the airport. Loose your I94 if you
have one. And go back to Au.
Change passport in your country *(say you lost it).
And you should not have any furthure poblems.
and before doing anything ask lawyer for advice.
best
adam
Joachim Feise
> Change passport in your country *(say you lost it).
> And you should not have any furthure poblems.
Bad advice. You will run into problems, even if you get a
new passport...
-Joe
LucyMO
and don't lose your I-94. if you lose it and never turn it in - it's
like you never left the States. And if you ever-ever need to prove that
you left on a particular date (with boarding passes, plane tickets),
it's just too much work in comparison with submission of the I-94, which
will be counted electronically.
Adam
i dont know if there is any chance to push it through right now. Thats
why its worth pay lawyer some money to make sure.
( when they figured that they never got my i94 they took this as
their's mistake, there was a mess and confusion but i got lucky and
they let me through )
Joachim Feise
> it was some time ago but it worked for me.
>
> i dont know if there is any chance to push it through right now. Thats
> why its worth pay lawyer some money to make sure.
Any lawyer who suggests what you did would violate the ethics rules
of the bar association...
-Joe