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Would i be able to come back to US?

Hayward, CA |

Hi!I came to US first time in 2008 for 4 month(work and travel program),then left and next year came again with the same visa and here already change it for student visa.I got F1 visa pretty fast and it says D/S on my Sevis. after one year i dropped out the school because a lack of money and since then its been 2 years.I didnt leave the US but want to find out if i am considered illegal or etc here and if i would have a problems to come back here in the future if ill leave.i didnt get any letter or notification,but i as well moved to a different apartment so idk if they ever sent me smth.Need help!!

Attorney Answers 4


Unlawful presence will have an effect on your future eligibility for entry into the United States.
A student is considered to have Violated Legal Status. As a result:
1) The F-1 entry visa stamp is automatically void
2) All future U.S. entry visa applications must be made in the individual’s home country( and
3) It may be extremely difficult to obtain future entry visas to enter the U.S.

Individuals who have been unlawfully present in the U.S. for more than 180 continuous days but less than one year are barred from admission to the U.S. (under any visa type) for a period of 3 years from the date of departure.

Individuals who have been unlawfully present in the U.S. for one year or longer are barred from admission to the U.S. (under any visa type) for a period of 10 years.

Do consult an experienced immigration lawyer for guidance in this matter.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2

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Ok.but first of all there is a law if u didn't get any notification from uscis about terminating your student visa you are not considering illegal here(it's on uscis website) . And second you can also do a unlawful presence waiver. Correct?


You have failed to maintain your status, so no, you are not here legally. You may be able to return to the U.S. if you apply for and obtain a visa.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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I agree with my colleagues. By dropping out of school you likely violated the terms of your visa and have accrued unlawful presence. If you leave the country you will likely be subject to the 10 year ban. You should consult with an immigration to see if you are eligible for any other type of visa.

Good Luck!

Gabriela M. Lopez, Esq.

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Though you have not accrued unlawful presence due to D/S, you violated your F-1 status by dropping out of school and continuing to stay in the U.S. This is not going to go well with a CO when you apply for a visa next.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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