Visa overstay

[Bannu]

My husband came back from his country on Sep 9. He is on f1 visa.
He didn't go to school since then. His last semester ended on May 3rd 2017.
He took summer vacation till August and stayed in USA till August and came back to country on Sep 9.
Do u think he accrued more than 180 days of overstay?
If he accrues more than 180 days do u think he can be forgiven?

[newacct]

My husband came back from his country on Sep 9. He is on f1 visa.
He didn't go to school since then. His last semester ended on May 3rd 2017.
He took summer vacation till August and stayed in USA till August and came back to country on Sep 9.
Do u think he accrued more than 180 days of overstay?
If he accrues more than 180 days do u think he can be forgiven?

He is "out of status" if he doesn't go to school.

People on F1 are generally admitted for "D/S" on their I-94s which means they do not automatically start to accrue "unlawful presence" on any date. But "unlawful presence" only matters for the purposes of the unlawful presence ban (where if you accrue 180 days/1 year of "unlawful presence" and then leave the US, you trigger a 3-year/10-year ban).

It is very unclear what you are asking about. Being out of status or even having unlawful presence are not "forgiven", but they may or may not matter depending on what you are seeking.

You posted in the Adjustment of Status forum. Is he going to apply for Adjustment of Status in the US? Are you petitioning him? What is your status?

For Adjustment of Status in the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen), whether he is out of status or how long he may have been out of status are irrelevant for the AOS. Whether he may have accrued "unlawful presence" or how much he may have accrued is also irrelevant for the AOS.

For Adjustment of Status in family-based categories other than Immediate Relative, having ever been out of status bars the person from Adjustment of Status. It doesn't matter how long he was out of status for or if he ever accrued "unlawful presence". However, the lack of "unlawful presence" would mean he can leave the US and do Consular Processing without worry of triggering a ban.

[Bannu]

He is "out of status" if he doesn't go to school.

People on F1 are generally admitted for "D/S" on their I-94s which means they do not automatically start to accrue "unlawful presence" on any date. But "unlawful presence" only matters for the purposes of the unlawful presence ban (where if you accrue 180 days/1 year of "unlawful presence" and then leave the US, you trigger a 3-year/10-year ban).

It is very unclear what you are asking about. Being out of status or even having unlawful presence are not "forgiven", but they may or may not matter depending on what you are seeking.

You posted in the Adjustment of Status forum. Is he going to apply for Adjustment of Status in the US? Are you petitioning him? What is your status?

For Adjustment of Status in the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen), whether he is out of status or how long he may have been out of status are irrelevant for the AOS. Whether he may have accrued "unlawful presence" or how much he may have accrued is also irrelevant for the AOS.

For Adjustment of Status in family-based categories other than Immediate Relative, having ever been out of status bars the person from Adjustment of Status. It doesn't matter how long he was out of status for or if he ever accrued "unlawful presence". However, the lack of "unlawful presence" would mean he can leave the US and do Consular Processing without worry of triggering a ban.

hi, I thank u for taking ur valuable time to reply and help me. I am an us citizen by birth, and Yup we r going to go for the adjustment of status. Your one reply gave me so much hope. God bless you. Once again thank u for helping ppl like me.