F1-Visa return to U.S.A.

[soloits]

I'm an international student and I'm studying in San Francisco now.
My mom came with me enter the Chicago,US in July,2015. She was holding a B-2 at that time.
She is still living in US now but her visa has been expired. I told her go back before that day but she didn't hear it.
I'm planing back to my home country in this Summer. I had some question.
1) Will her record(visa expired) impact me entry to the US?
2) Will I be denied by CBP or even deport back to my country for this?

[inadmissible]

The burden is on the alien seeking admission on an F visa to overcome the presumption that s/he has immigrant intent

It stands to reason that your credibility when seeking admission is tainted by close family members unlawfully present in the United States

However they typically don't ask F-1 students questions about their family members in the United States, and USCIS has no way to keep track of visa overstays. After all, we don't have exit immigration controls, we have no idea when anyone leaves the country

As a practical matter, they may not have any clue as to your specific situation

My personal experience: I overstayed my visa for many years, while my siblings and parents traveled back and forth to the United States on F and B visas

That said, I don't want to lull you into a false sense of security. Any time you leave the country, you risk the possibility of being denied entry. For the typical international student, this risk is worth the benefit of seeing their family and friends and being home periodically

[soloits]

The burden is on the alien seeking admission on an F visa to overcome the presumption that s/he has immigrant intent

It stands to reason that your credibility when seeking admission is tainted by close family members unlawfully present in the United States

However they typically don't ask F-1 students questions about their family members in the United States, and USCIS has no way to keep track of visa overstays. After all, we don't have exit immigration controls, we have no idea when anyone leaves the country

As a practical matter, they may not have any clue as to your specific situation

My personal experience: I overstayed my visa for many years, while my siblings and parents traveled back and forth to the United States on F and B visas

That said, I don't want to lull you into a false sense of security. Any time you leave the country, you risk the possibility of being denied entry. For the typical international student, this risk is worth the benefit of seeing their family and friends and being home periodically

Thanks for your help
She was entering the United States with me as a family. I'm afraid that they had record for this.

[inadmissible]

They don't have records of anyone leaving

Even if she had left the United States before her I-94 duration of stay elapsed, the United States would not know

For all they know, she is back home

The United States has no idea who has and who has not overstayed their visas

[soloits]

They don't have records of anyone leaving

Even if she had left the United States before her I-94 duration of stay elapsed, the United States would not know

For all they know, she is back home

The United States has no idea who has and who has not overstayed their visas

I check on the I-94 history but it has the date when you leave the country.
So the CBP won't know this?

[inadmissible]

It isn't a perfect system - USCIS is sitting on over a million unmatched arrival/departure records

[soloits]

It isn't a perfect system - USCIS is sitting on over a million unmatched arrival/departure records

Thank you very much.
I don't need to worry about the Custom Border Protection now.

[Trinity71]

I'm an international student and I'm studying in San Francisco now.
My mom came with me enter the Chicago,US in July,2015. She was holding a B-2 at that time.
She is still living in US now but her visa has been expired. I told her go back before that day but she didn't hear it.
I'm planing back to my home country in this Summer. I had some question.
1) Will her record(visa expired) impact me entry to the US?
2) Will I be denied by CBP or even deport back to my country for this?

Her illegal overstay will not have any affect on you and your visa status. She applied for her visa individually. She is the one accruing unlawful presence and the one who committed visa fraud.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71