anybody out there?

[coco's daddy 0]

Just about all the forums/ fora I have visited with regards to unlawful presence/ overstays feature EWIs, VWP, B1/2. I was hoping to hear from K1 beneficiaries who were previously in the U.S on F1 or any visa class for which they were admitted for D/S.

Is it really true that if you were admitted for D/S, you do not accrue unlawful presence unless there is a formal finding of status violation?

How does the Conoff react to applicant answering "No"(based on the formal finding technicality) to the question of whether applicant violated the terms of visa when it's evident from DS230, G325, etc that the applicant stopped going to school and worked illegally?

Is there anyone out there who has been down this road or know someone who has?

My K1 visa interview is in <2weeks

[chuckandkim 0]

What is D/S?

I do not know how CO will react to your case knowing it's evidently violated immigration laws. Overstayed Visa and worked illegally seem to be the issues here. Have you considered retaining an immigrant attorney?

[coco's daddy 0]

What is D/S?

I do not know how CO will react to your case knowing it's evidently violated immigration laws. Overstayed Visa and worked illegally seem to be the issues here. Have you considered retaining an immigrant attorney?

D/S means that you are admitted for duration of status. According to the Foreign Affairs Manual and USCIS Adjudicators manual ppl admitted for D/S only become unlawfully present after formal finding of status violation by the USCIS (during adjudication of an immigration benefit) or by an Immigration Judge during proceedings. Unlawful presence starts on the day of formal finding.

Thanx for your input chuckandkim. However, I was hoping to hear from someone who is familiar with these circumstances.

[chuckandkim 0]

Coco,

I'm sorry I'm no help at this point Good luck and I hope you sort this whole thing out soon.

[kitkat1 5]

Some nonimmigrant visa holders, such as students (F,M visas) are admitted for duration of status (marked "d/s" on their I-94 cards). These people will begin to accrue unlawful presence only if an immigration judge or an INS officer determines that a status violation has occurred, whichever comes first. This means that even if these people remain in the country after the completion of the original intent of their stay (i.e., graduates from school), if they leave the country without undergoing immigration court or INS proceedings, they can apply for another visa abroad without fear of the three and ten year bars. According to State Department Cable No. 060529 (April 4, 1998), under these circumstances, consular officers may not refuse a visa based on their own findings of unlawful presence. Rather, an immigration judge or INS officer must have made a formal finding that the alien violated their status.

I wouldn't take any chances - consult an immigration attorney who is experienced in this situation.