Hi, I am a Filipino came here as a tourist and changed my visa into F1 Student Visa while here in the US. Currently, my sevis is "inactive" because I was not able to enroll in school for 1 year. In the Philippines, there is a big opportunity of job openings in the US Embassy - Philippines. Is it risky to apply and send them DS 174? It's just very hard here in LA. The process is very complicated and requires a lot of money.
Magandan umaga po!
I don't know about the (realistic) chances of your being able to land that "big opportunity of job openings in the US Embassy" and I even suspect with your kind of immigration history, you may not pass security clearances necessary for the job. Independently of that, should you now depart the USA, with your history of "unlawful presence", since your SEVIS registration became 'inactive", you will in all likelihood trigger the 10 year inadmissibility bar, due to the "unlawful presence" you must have accrued since your SEVIS became inactive. I would schedule a consultation with an experienced immigration attorney to look into your situation, if I were you.
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.
This is not a question that US immigration attorneys are going to know anything about, but good luck to you!
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Since unlawful presence, best to discuss your options with an immigration attorney.
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