It has been 1 year now that I fell out of F-1 visa status. I got a good job offer in Australia and I am planning to accept it. My question is, will I never allowed to come back in the US the moment I leave the country? I still want to come back to US after sometime.
F visa holders are usually admitted for the duration of their status or D/S. They do not accrue unlawful presence until there is a formal finding that they are out of status. Other issues may make coming back to the US difficult. Consult with an attorney to determine your options.
Please note that this response is for informational purposes only and does not create an attorney-client relationship.
Generally speaking when a person stays in the US without authorization for more than 1 year, that person is not admiissible back in the USA for 10 years once that person leaves the USA, unless you get a waiver. Special rules may apply for F1 visa holders. Consult with a lawyer for more details.
Hi, it depends. Is it one year after the expiration of the D/S? Have you unsuccessfully filed an I-539 reinstatement?
Attorney Jae is a history professor and immigration attorney with an EB1/NIW specialty. This answer does not constitute attorney-client relationship and is for information only.
If you were admitted Duration of Stay as the typical F1 visa holder. Although, out of status you will not accrue unlawful presence until there is a formal finding to end your period of authorized stay. You will not be barred from returning to the US. You may have difficulty with non-immigrant visa because of being out of status. If need you may require a waiver. Consult with an attorney to determine your options.
While in theory you could be able to come back anytime again in the future, as long as in possession of a valid visitior's or work visa, since F-1 students do not accrue any inadmissibility bar triggering "unlawful presence" unless a written determination to that effect by an immigration judge, you could nevertheless face other issues when applying for a new visa and having to disclose your not having maintained valid F1 status for an entire year and still remained in the US.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
once you overstayed by more than one year and leave the U.S., then you be subject to the 10 year penalty provision under the Immigration Act, section 212(a)(9), and therefore unable to return unless you obtain a new visa.
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