I stated that I was out of status since May 1, 2010 by a mistake to the immigration judge
as i was really confused.. but in reality I was out of status after september 13,2010 thats when my advisor said that they are gonna have to terminate my I-20/F-1 student visa then
i filed asylum within 72 days less than 180 days to not being stucked on 3/10 year bar..I took the Voluntary Departure and left the country on the date of September 25, 2012....My papers from the court says May 1, 2010 ( so I have unlawful presence for 219 days)
and my college says after september 13,2010 that they are gonna report me to the USCIS (so I have unlawful presence for 72 days) so my question is that the determination would be by USCIS or the court about my unlawful presence? thanks for the answers in advance
The 3- and 10- year bar is triggered by unlawful presence, not unlawful status. Unlawful presence in your case would accumulate from the time that USCIS told you in writing that you were out of status and had to leave the country until USCIS (or the COurt) received your asylum application.
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