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I-94 D/S 3/10 bar rule?

Tampa, FL |


I overstayed my F1 and my i-94 says D/S on it.

Some people say it means "Duration of Stay" and the days do NOT count against "unlawful presence" invoking the three or ten-year bars unless an Immigration Official or Judge determines violation of status.

Others say "Duration of Status" and the day of the last lawful presence is the expiration day of my i-20 (expiration day of student Status) evoking the 3 or 10 year bar rule

Which one is it??

Thank you!

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Attorney answers 4


Your unlawful presence will start to count when an immigration official or judge determines that you are no longer in valid status.


It does mean duration of status. This means that you are permitted to remain in the U.S. for as long as you are maintaining your status. You are not maintaining your status - so you are removable (deportable). You also cannot apply for a change or extension of your status.

The fact that you are out of status, however, is a different issue from whether you are accuring unlawful presence. You only start to count unlawful presence when an immigration official or judge determines that you are out of status.


Please see the following link for more information


D/S means duration of status. So long as you are maintaining your status as a student, you are eligible to remain in the United States.

The law that prohibits return to the United States after a person has been here for over 180 days or over one year without status (known as the 3 or 10 year bar rule) is a different matter altogether. If you have immigration goals, I suggest you consult with a professional who will be able to help you.

This attorney is Board Certified, speaks Spanish and French, and represents clients throughout the United States. For more information, click through to the Blog or web site.

Elizabeth R. Blandon