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furiousng

How to count out of status days

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Filed: Citizen (apr) Country: Nigeria
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I am adjusting from F1 based on marriage to a USC. I was registered in school up till the end of Fall semester 2008 that ended on December 20 2008. I didnt register for the following semester since International student fees are on the high side and as I only had to work on my thesis, instead of paying fees, the money found use in paying for baby expenses. Since I was not registered in school, I didnt apply for AP as I had no plans of travelling cos of status issue. My question now is in case I need to travel and apply for AP, how will the out of status days be counted so I dont have problems to come back into the US? Counting from when my last registered semester ended on Dec 20th to receiving NOA 1 for my AOS is 80 days and counting from the start of this current semester to NOA 1 is 57 days. Thanks in advance for any advice..

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Was your I-94 stamped D/S?

Only an immigration judge can determine if you were "out of status" of your F-1 visa.

Even so, the amount of time between when you stopped going to school and NOA of your AOS isn't enough to cause a ban on attemp of re-entry. (that starts at 180 days or more).

Which is why I always recommend to AOS as soon as you can, not before your "out of status", it will only cause issues down the line...

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Nigeria
Timeline
Was your I-94 stamped D/S?

Only an immigration judge can determine if you were "out of status" of your F-1 visa.

Even so, the amount of time between when you stopped going to school and NOA of your AOS isn't enough to cause a ban on attemp of re-entry. (that starts at 180 days or more).

Which is why I always recommend to AOS as soon as you can, not before your "out of status", it will only cause issues down the line...

Thanks Umit. Yes it was stamped D/S

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