Legal Question in Immigration Law in New York

I came to the US a few years ago on F-1 visa (D/S). Now, I�ve been out of status for more than 6 months due to dropping class (less than 12 credits).

I only need 1 more year to finish my bachelor degree. I�d like to stay and finish it, then come back home for good.

Is that also count as illegal overstay? Will the authority hunt me down and lock me up for deportation since the school already knows my address and everything?

Would I face 3-10 year bar when I leave the country and re-apply for a new visa? Reinstatement doesn�t work on my case.


Asked on 9/01/09, 2:35 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Have you applied for reinstatement? Why do you say that it doesn't work on your case?

Usually, the government is not going actively after students in similar situation. Having a D/S status, a person is not accruing unlawful presence unless their application for reinstatement of change of status is denied.

Web: http://www.law-visa-usa.com

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Answered on 9/06/09, 3:02 am
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

However, from what you have explained, I would have to say �yes� you have illegally overstayed. I am sure you were told that once your classes ended you must leave the country within a certain period of time (10 days to be exact).

Under strict rules set out for schools, colleges, and universities who accept overseas students, they must inform the immigration service once the student is NOT attending classes. Accordingly, whatever institution you were attending has already passed on the information to the government.

Depending on what your reasons were regarding why you did not leave the country after you dropped out of school will dictate whether you will have to face a 3 to 10 year ban from re-entering the US.

Patricia Martin-Gibbons

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Answered on 9/10/09, 10:40 am


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