Trkmc85

31 minutes ago, JeanneAdil said:

 “D/S” (i.e., Duration of Status) and not a specific date.

how long was your overstay?

 

 

Hello. Yes, my i94 was stamped D/S without any date on it. I overstayed 4 years. 

Hello everyone. I overstayed my F1 visa / stamped D/S but left the US willingly without any immigration problems. It’s been 7,5 years since I left. Now I’m waiting for my IR1 interview in my country and wondering if they will require a waiver. I tried to find people that are similar to my case but I couldn’t yet. I would like to hear your opinions, please. Do you guys think they will ask for a waiver?  

I would appreciate if you could add Turkey. Thank you!

4 minutes ago, SusieQQQ said:

This. The whole reason for the attempted change in rules was that there was hardly every any sanction for overstaying on D/S. I’d be surprised if there is a ban here.  

Thank you very much.

1 minute ago, arken said:

And if it gets denied because of the unlawful presence, then you do have the waiver options.

Thank you for the answer. We have researched about the extreme hardship waiver but it seems close to impossible. As far as I have read online, it takes years to even get an answer back. 😕 

1 minute ago, geowrian said:

Depends on how much unlawful presence was accrued. As noted, D/S does not automatically start accruing unlawful presence when status is violated via termination of the SEVIS record. Normally it requires a formal finding that status was violated by an IO, IJ, or the BIA.

The current rules governing this are in this USCIS memo: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

 

There was a change to the rules in 2018 in which he may have been be impacted (https://www.uscis.gov/news/uscis-issues-revised-final-guidance-unlawful-presence-students-and-exchange-visitors), but this was halted via an injunction.

 

For consular processing specifically, here is the relevant FAM section: https://fam.state.gov/FAM/09FAM/09FAM030211.html

 

Thank you  very much for valuable information. Since there is no way for us to find out if there was any formal finding,  I guess we will just go ahead and apply for the visa and wish for the best. Much appreciated. 

1 minute ago, milimelo said:

Yes, he’ll have a 10 yr bar. 

Thank you for the answer.  I don't understand.. How come some people with the same exact situation can get their visas without any problem?

Hello there,

I am a US Citizen, my husband was a student in the US with an F1 visa, he overstayed his visa about 4 years and went back to his country willingly without any deportation process. We got married in his country and living together since last year. We are planning on applying for IR1/CR1 visa and move back to the US. My question is; will he be subject to 10 year ban due to his overstay even though his I-94 had D/S without a specific time on it?  We have been researching and seen many different scenarios from people that have been through exactly the same situations, some of them got their visa without a problem, but some others got denied due to overstay.  We would appreciate if you could enlighten us.