Overstayed visa and DS form

[Hopek]

Hello everyone,

Not sure anyone can help me, but perhaps you can point me out where I can get some advice.

In 2009 I dropped out of college while I was F1 visa, and I applied for B2. Visitor visa was denied, and I left the US within one year. I've read that as long as immigration won't pick your F1 drop-out case, you are not unlawfully present.
In 2014 I applied and received a visitor visa in my home country. That convinced me that I don't have any restrictions in terms of traveling to the US. Even in 2019, I've had a transfer in one of the US airports, and I went through the Immigration officer I let through.

This year I've applied for DV Programme. I know that chances are very low, but what if I win... When filling the DS application, should I state that over ten years ago I've overstayed my F1 visa? Or perhaps apply for some kind of waiver? Has anyone have been through a similar situation?

thanks

[rkk09]

Hi Member,

When filling the DS application, should I state that over ten years ago I've overstayed my F1 visa? Or perhaps apply for some kind of waiver? Has anyone have been through a similar situation?
Answer: Just want to understand bit clearly. You dropped out the education and immediately filed the visitors visa. Once you came to know that your change of status got denied then you left the country. If this is the case, I feel this will not be unlawful presence. You were in the USA with the help of receipt notice and were waiting for the petition result.. And once you got to know that petition is denied then you left the country. So dont think that you were on unlawful presence those days.
But when you fill the DS 160, you may mention about denial of Visitors visa.
For more and accurate decision, you may contact Immigration Attorney for further clarification.
All the best.
Thanks

[Hopek]

Greta, thank you for an answer. Happy Holidays!