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F1 visa and being out of status and time bar

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  • F1 visa and being out of status and time bar

    Hello.
    How are you guys?
    I went to USA for 2 times on F1 visa.
    On my first visit I stayed around 10 months and returned back to my country of origin.
    On my second visit I stayed 2 years and 3 months and returned back to my country of origin.
    On my second visit my school terminated me on September 2015 and I left the country on August 2016. (I believe that makes me out of status for 11 months)
    I talked to an immigration lawyer and she told me since I was on student visa there is no unlawful presence if a judge did not find me out of status therefore there is no timebar.
    I did not appear on court and no judge found me out of status but my situation is I changed many cities and states after my termination by the school on September 2015, so if I received any kind of court order related to my status in my mailbox of any address I have shown(driver's license or school database) I did not have the chance to get any mail and never appeared on court.
    My question is if a court sent me a date for my out of status case and since I did not appear on court if it happened, is it still possible to be found unlawful presence or out of status without appearing on court without seeing an immigration judge?
    I left the country by myself without any immigration officer, nobody told me anything or did any operation when I jumped into plane while leaving.
    This is important because this time I will apply to tourist visa and marry my US Citizen fiancee there or she might come here and marry me.
    Thank You.

  • #2
    If you were found deportable and had your status terminated in absentia, you would then begun accruing unlawful presence. FBI & FOIA checks should reveal if this is the case.

    Even if you were not charged with deportability in absentia, and you did not accrue any unlawful presence, your prior conduct will weigh heavily against you in the consular officers decision to grant you a tourist visa in the future

    I would say your chances of getting a future tourist visa is very slim. However, if you are not subject to any unlawful presence bar and/or subject to an order of deportation, you can still get a fiancee visa (so you can marry in the United States) or an immigrant visa (if you first marry abroad)

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    • #3
      Originally posted by inadmissible View Post
      If you were found deportable and had your status terminated in absentia, you would then begun accruing unlawful presence. FBI & FOIA checks should reveal if this is the case.

      Even if you were not charged with deportability in absentia, and you did not accrue any unlawful presence, your prior conduct will weigh heavily against you in the consular officers decision to grant you a tourist visa in the future

      I would say your chances of getting a future tourist visa is very slim. However, if you are not subject to any unlawful presence bar and/or subject to an order of deportation, you can still get a fiancee visa (so you can marry in the United States) or an immigrant visa (if you first marry abroad)
      Thanks. Is it possible to find out if there is a time bar before applying to visa?

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