Hi, I need to know if I am or when I will be "Unlawful Presence" and How I will notice.
My I-20 was terminated August 2011, but I need to know from when the 180 days will start for avoiding the 3/10 years banned from US.
Here are some details:
I-20 > August 2010 - August 2012 (terminated)
Visa > August 2010 - August 2012
I-94 D/S > August 2010 - August 2012
Why was the I-20 termianted in August 2011? Was USCIS informed by the SEVIS agent then of the terminationa s was mandated by the educational institution? If you were not in school, the student visa would not be in compliance. You need to contact an experienced immigration attorney who can examine the specific details of your case and provide you with a legal opinion. The time line you provide is lacking in facts that is necessary to even provide general comments.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
The clock starting for unlawful presence is when your SEVIS was terminated, which may be the same as the termination of the I-20. You should consult with an immigration attorney to determine your best course of action. Since it is terminated you will have to leave the US and come back on a new visa. You cannot do a change of status in the US. Good luck.
Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at [email protected]
You started accruing unlawful presence with the termination of your SEVIS entry. You still have time to apply for reinstatement. You should consult with an experience immigration attorney to see whether reinstatment is an option or you should better leave and apply for new student visa.
If you are serious about remaining in the USA you need to see a qualified immigration attorney ASAP.
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