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To rely on automatic visa revalidation upon re-admission in the US, a nonimmigrant alien must meet the following conditions:

  • Form I-94 showing an unexpired period of initial or extended authorized stay
  • A valid passport with a nonimmigrant visa, whether valid or expired, used for a prior admission to the US.

I was under the automatic visa revalidation. You're right, the out of stauts may have cancelled my VISA, however because I had a valid I-94 unexpired, and I was out of the US for less than thrity and I had traveled to a conitguous territory (Canda or Mexico), even if my VISA was expired, I would have been allowed to get back in under the automatic visa revalidation. In my case, My VISA wasn't even expired, that's why I was back in full status when I got back from Canada!

You are not eligible for automatic visa re validation because you were out of status. Read this (Option 2):

https://iss.washington.edu/procedures/reinstatement-reentry

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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Filed: F-1 Visa Country: Italy
Timeline

In duration of status cases, unlawful presence begins when an immigration judge makes a formal finding or USCIS denies your application for an immigration benefit (namely, F-1 student status reinstatement). It's not just the IJ that can start the clock on your unlawful presence. USCIS can also start the clock on unlawful presence for someone in D/S status. Since USCIS denied your reinstatement in 2005, that's when your unlawful presence started.

Whatever the merit of your re-entering the US to continue studying using a new I-20, your immigration status as a student was terminated by USCIS in 2005 from which point on you were already accruing unlawful presence.

In addition, not only did you not leave but you committed a violation somewhere which got ICE involved and you were subjected to removal proceedings. As Peerally wrote on their website, voluntary departure does not exempt you from having to re-apply for readmission. In other words, you need to file the 212 waiver for your VD and you also need to file the 601 for your 10-year ban due to at least 7 years unlawful presence.

That's exactly why I'm trying to catch a mistake that they may have made. If I can prove that they shouldn't have written that letter and that I did everything legal, I may have a solid base to not get slapped with the 10 years ban.

If I did start accumulating unlawful presence, it started in 2005, not any earlier! Agree with you, if that's the case!

Once again, one of the requirements of the the I-212 is for those that could not show good moral character. Voluntary departure, one of the requiremnt is to be able to show good moral character (which I did), therefore one that is granted a VD, is not inadmissible under ground of 212(a)(9)(A)

You are not eligible for automatic visa re validation because you were out of status. Read this (Option 2):

https://iss.washington.edu/procedures/reinstatement-reentry

I guess, we're both not attorney's, but the fact that I was re-admitted by an official a port of entry, that put me back in F-1 status or there is no way I could have attended school, had I not shown to DSO that I was legally admitted back into the country. I got lucky, I guess! So if there was a mistake made, it was on their part, admitting me back in the country, but that benefitted me. F-1 VISA don't automatically cancel, are unique VISA's.

Edited by schizzo_fg
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That's exactly why I'm trying to catch a mistake that they may have made. If I can prove that they shouldn't have written that letter and that I did everything legal, I may have a solid base to not get slapped with the 10 years ban.

If I did start accumulating unlawful presence, it started in 2005, not any earlier! Agree with you, if that's the case!

Once again, one of the requirements of the the I-212 is for those that could not show good moral character. Voluntary departure, one of the requiremnt is to be able to show good moral character (which I did), therefore one that is granted a VD, is not inadmissible under ground of 212(a)(9)(A)

I guess, we're both not attorney's, but the fact that I was re-admitted by an official a port of entry, that put me back in F-1 status or there is no way I could have attended school, had I not shown to DSO that I was legally admitted back into the country. I got lucky, I guess! So if there was a mistake made, it was on their part, admitting me back in the country, but that benefitted me. F-1 VISA don't automatically cancel, are unique VISA's.

Admitting you back into the country may have been a mistake they didn't catch at first but USCIS corrected their mistake by issuing you a denial letter of your application for F-1 reinstatement. So by willfully staying in the US even after receiving the denial letter from USCIS, you aggravated your own mistakes which now put you in your current situation.

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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Filed: F-1 Visa Country: Italy
Timeline

You are not eligible for automatic visa re validation because you were out of status. Read this (Option 2):

https://iss.washington.edu/procedures/reinstatement-reentry

I see what you're saying!

I didn't need VISA revalidation then, because it does say here (read carefully below) that it is for those that have an expired F-1 VISA. Mine was not expired when I went to Canada, was simply out of status at the time, therefore I didn't need the VISA revalidation. I just needed to reset my out of statusness, so I re-entered with a new I-120, new I-94 and a new SEVIS account given by my DSO. There is no way that my university would have allowed to continue studying. I keep thinking that the glitch gotta be somewhere and I'm guessing it is on their part! Maybe they weren't supposed to re-admit me in from Canda, but they did!

https://iss.washington.edu/procedures/reinstatement-reentry

"... ...In some cases it may be advisable to depart the U.S. and re-enter with a new I-20, rather than applying for reinstatement. You may do this by obtaining a new I-20 from the school you are currently attending or wish to attend, then departing the U.S., applying for a new F-1 visa if the F-1 visa stamp in your passport has expired, and returning to the U.S. Note that students who violated status are not eligible forautomatic visa revalidation. A re-entry to the U.S. after a status violation is viewed by Immigration as "initial attendance" in F-1 status. As such, you are bound by restrictions placed on new students, such as the academic year waiting period for eligibility for practical training... ..."

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Filed: F-1 Visa Country: Italy
Timeline

Admitting you back into the country may have been a mistake they didn't catch at first but USCIS corrected their mistake by issuing you a denial letter of your application for F-1 reinstatement. So by willfully staying in the US even after receiving the denial letter from USCIS, you aggravated your own mistakes which now put you in your current situation.

Agreed!

The reason for my departure (however) is because DSO told me that my re-instatement was denied according to an e-mail received by my school from SEVIS (ICE). I did not receive the formal letter from USICS in 2004, but the reason why I left was because SEVIS told me that I had to depart the US, so I did. That's when I was recommended to deaprt and re-enter. I did what they told me and the US immigration at the port of entry re-instated my F-1 status by allowing me to re-enter legally. The formal USCIS letter talks only about the year 2004 where they denied my re-instatement, doesn't even talk about anything else for the year of 2005.

However the basis of the denial letter dated in 2005 is that I did not pursue a full course of study from 2004 on, and yet the evidence is all in my favor. There is my full F-1 status in the year 2005 and my transcripts from school showing all of my credits and grades accumulated and the re-admission after SEVIS told me I had to re-instate. The one mistake I made is I didn't contest their finding back then, which may bite me in the a** big time right now.

To me it seems like that the letter is a letter that should have been sent in 2004, but for some glitch in their system was sent to me in 2005, without giving any consideration to the fact that I had re-instated my status, left the country, fully re-admitted.

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Filed: F-1 Visa Country: Italy
Timeline

Schizzo, it's really important how exactly you were put into removal proceedings. That is why I am asking the question.

Basically, I am a canadian citizen and was in the US as an F-1 student. My D/S never had a date and I did an overstay which I did not realize. I moved back to Canada after graduation (after my overstay) and was denied entry the third time I was going back as a visitor. They added a 10 year ban and I basically given an appointment at the immigration judge in Buffalo. I hired a lawyer in buffalo and both the DHS/Judge terminated the 10 year ban due to the fact that when I was in the US, I was not found unlawfully present by an immigration judge and was not deported.

I am sorry to tell you then that I think that your chances of 10 year ban is pretty high.

Let me ask you this. I don't get it! You are saying that when you tried to re-enter the third time as a visitor in the US (after the overstay), that they told you you had a 10 year ban. What I don't get is how you ended-up in front of an immigration judge in the US, if you couldn't come in the US with the ban in the first place and if you were never put in removal proceedings. COnfused!

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Filed: F-1 Visa Country: Italy
Timeline

"Those who have opted for voluntary departure are not exempted from having to file the I-212 application for readmission."

That quote is from Peerallylaw.com, an immigration law firm.

You are not correct! Those granted Voluntary Departure by an IJ and leave by the date provided by the IJ do NOT have to file the I-212 waiver. I repeat, they do NOT have to file the I-212 waiver.

It's clearly written in their instructions, under "Who should not file this form"? Point #7 says that explicitly! Not everything we read is obviously the truth! Even more with immigration laws in the uS... ... LOL

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You are not correct! Those granted Voluntary Departure by an IJ and leave by the date provided by the IJ do NOT have to file the I-212 waiver. I repeat, they do NOT have to file the I-212 waiver.

It's clearly written in their instructions, under "Who should not file this form"? Point #7 says that explicitly! Not everything we read is obviously the truth! Even more with immigration laws in the uS... ... LOL

Yours is not a do-it-yourself immigration case. Since you seem intent on fighting DHS and their decision via USCIS to deny reinstatement of your F-1 visa, you will need to hire a lawyer.

May I ask what is your purpose for wanting to come back to the USA?

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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Filed: F-1 Visa Country: Italy
Timeline

Do you understand why you were incorrect about your advise that aliens granted Voluntary Departure will need to file an I-212 waiver?

Are you willing to admit your erroneous advise to people in this forum?

US spouse, US sisters, US children are my reasons for fighting the ban!

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Filed: K-1 Visa Country: Wales
Timeline

Big chunk missing, what happened after 2005, which conveniently is 10 years ago.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

A person who VD before or on a date IJ says to leave does not require

I 212 waiver, however OP I think a mistake was made & corrected, someone

caught it , also one cannot depart to Canada to restart time in the US the

same goes with Canadian visas. You are almost at the end of the road now

2015.....Many little curves in your case you need an atty to sort things out

& even front load on Advisory Opinion arguments for you

Edited by Jawaree
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Filed: K-1 Visa Country: Wales
Timeline

Where are you now?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

So your wife has filed for you?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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