DS-230, Part II h

[zoso 0]

Guys

i am getting mixed info even from my lawyer. I got VD from immigration judge in april 2007 after 10 months of not going to school(F-1, I-94 D/S).

Should i choose yes in DS-230 Part II, h

Please please help me , my interview is just around the corner.

Regards

[JuneFirst 1]

Hey...what is a VD?

Well, if you are on a F1 and don't go to school you are out of status and unlawfully present.

So if I were you I would say "yes".

But I am not a lawyer, so I really can't give you a 100% answer.

What are you applying for? I have probs understanding your timeline?

CR1? or Citizenship? Where are you residing at the moment?

Edited March 27, 2010 by JuneFirst

[zoso 0]

Sorry for the confusion. This timeline is mine ( petitioner)and question is for my husband. VD for voluntary departure. He is currently in Qatar waiting for interview.

What i understand from articles, my husband will not accumulate unlawful presence until judge declares him as out of status. He got Voluntary departure from judge and left country within one month from that date.

[Used to be broken 143]

Sorry for the confusion. This timeline is mine ( petitioner)and question is for my husband. VD for voluntary departure. He is currently in Qatar waiting for interview.

What i understand from articles, my husband will not accumulate unlawful presence until judge declares him as out of status. He got Voluntary departure from judge and left country within one month from that date.

The "3 and 10 year bar" to reentry was created in 1996 as part if the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRAIRA"). The law states that an alien who accrues more than six months, but less than one year of "unlawful presence" in the United States, will be barred from readmission to the United States for a period of three years, and any alien having accrued more than one year of such "unlawful presence" will be barred from readmission for ten years.

*Looks like the bar is almost up in this case anyway since the VD was 3 years ago in 2007?

GET AN ATTORNEY so you will not be caught off guard by a bar or its effects. This can effect his selling property, quitting a job too early etc. Also it appears that you might not be a citizen but a LPR? (lawful permanent resident) Not sure but you might have an issue with a wait for an available VISA.

[zoso 0]

The "3 and 10 year bar" to reentry was created in 1996 as part if the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRAIRA"). The law states that an alien who accrues more than six months, but less than one year of "unlawful presence" in the United States, will be barred from readmission to the United States for a period of three years, and any alien having accrued more than one year of such "unlawful presence" will be barred from readmission for ten years.

*Looks like the bar is almost up in this case anyway since the VD was 3 years ago in 2007?

GET AN ATTORNEY so you will not be caught off guard by a bar or its effects. This can effect his selling property, quitting a job too early etc. Also it appears that you might not be a citizen but a LPR? (lawful permanent resident) Not sure but you might have an issue with a wait for an available VISA.

Thanks for your reply. I became citizen last year. All the papers are done and he got embassy interview next week. His Voluntary departure thing is always worring me . My lawyer never mentioned about I-94 D/S until i read about it and asked him.

If his unlawful presence starts from the time judge issued him Valuntary Departure, then he is fine as he left USA within one month

On the other hand if that starts from the time ICE came at our house first, then he has less than one year of unlawful presence, means 3 years of bar

Should i request interview reschedule to a date after his 3 year bar( finish 28th of April 2010) ends to avoid visa denial.

[Used to be broken 143]

Thanks for your reply. I became citizen last year. All the papers are done and he got embassy interview next week. His Voluntary departure thing is always worring me . My lawyer never mentioned about I-94 D/S until i read about it and asked him.

If his unlawful presence starts from the time judge issued him Valuntary Departure, then he is fine as he left USA within one month

On the other hand if that starts from the time ICE came at our house first, then he has less than one year of unlawful presence, means 3 years of bar

Should i request interview reschedule to a date after his 3 year bar( finish 28th of April 2010) ends to avoid visa denial.

That is the million dollar question, and well worth seeking legal advice. Would hate to have the VISA denied for a month left on the overstay Bar and then have them send the darn packet back to USCIS in the states and have to wait and re-enter the NVC process or chase the packet around, if simply rescheduling the interview would avoid all that hassle. Who knows if you got someone at the consulate with half a brain they might just adjust the VISA to match the date of the overstay, in other words not make the VISA valid until after April 28th.

You should CALL AN ATTORNEY , but you might get an answer from someone else who has been through this before. You could email NVC, the Embassy or USCIS or DHS..not sure who has the answer to this.

[sachinky 464]

I agree. Consult an attorney.

If it's just a matter of 04/04 and 04/28, then best be safe.