Immigration Site

Hi all,

Hopefully someone will be able to help me out.

I was a student in US from Jan 03 - Aug 04. After that I applied for my OPT and got approved for a one year OPT. But upon the expire of OPT, I did not leave US.
I continued to stay until Dec 06. And left USA in Dec 06.

In 2008, my sister who is a US citizen, filed GC application for me. And on last month, she received the approval on I 727. I understand that I need to a letter from USCIS for the interview process to get my GC.

Heres my questions:
1: While I was out of status for about 1.5 years, I wonder will USCIS find out?
2: I did not receive any letters or mail of deportation or anything from USCIS or Immmigration judge. I left US and handed back my I-94 with D/S on it to the immigration officer. Am I subject to a ban from entering US again in the future?
3: Will my out of status affect my GC application?

Any advice would be greatly appreciate.

You have about another seven years to wait till a visa number is available to you. You are subject to a 10 year ban but since your I-94 stated DS you may have a chance to avoid the ban. I believe your approval notice should be I-797 and not I-727.
Good Luck!

Did you accept unauthorized work during those 1.5 years and can it be traced back to you? I think you should be OK because even if they apply the 10 year bar to you by the time your sisters petition becomes current the time for the 10 year bar(if it even applies) will have passed. Also, your D/S on the I-94 means that merely being in the US while overstaying the F1 will not result in "unlawful presence" unless you have some issues with expired work permits.

Now if you want to enter the US as a nonimmigrant that D/S can probably also help you.

Did you accept unauthorized work during those 1.5 years and can it be traced back to you? I think you should be OK because even if they apply the 10 year bar to you by the time your sisters petition becomes current the time for the 10 year bar(if it even applies) will have passed. Also, your D/S on the I-94 means that merely being in the US while overstaying the F1 will not result in "unlawful presence" unless you have some issues with expired work permits.

Now if you want to enter the US as a nonimmigrant that D/S can probably also help you. Hi,

Thanks for all the info.
I did not accept any unauthorized work at that time.
So, are you sure that the 10 year bar apply to my case?
Is there any way I can check whether Im on 10 year bar?

mc_usa