Legal Question in Immigration Law in Michigan

Re: complicated unlawful presence question

Dear Inquirer:

Unlawful presence only begins to accrue when you overstay a date certain on your I-94 or when the USCIS or an Immigration Judge makes an express finding that you are out of status.

If your I-94 was valid for "D/S" then you have not begun to accrue AOS. Note that you may not be eligible to adjust your status in the US through your father's petition if your are deemed out of status when the priority date becomes current, which would require that you apply overseas. The 3 and 10 year bars are activated when you depart the US aftrer having accrued unlawful presence.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: complicated unlawful presence question

Are you certain that you overstayed? Most F-1 students don't have a specific end date on the I-94, and get "D/S" (duration of status) instead. Unless you stayed past the specific date on your I-94, you have not overstayed. You violated status, but might not have overstayed. If there is no overstay, the 3/10 year bars do not apply. I recommend speaking to an experienced attorney about your specific situation and facts.