After talking to a lawyer, wont need a waiver because of d/s on I-94

[BzmommytoAmerican 8]

Ok so we are about to interview and were so worried that we would need a waiver because i took a leave of absence from school and they cancelled my i-20. I spoke with Lizz Cannon one of the best lawyers around who told me that under the immigration law INA and under a memo from USCIS a person who was on a F-1 visa that has d/s on their I-94 meaning duration of stay do not start accruing unlawful presence until they are put in front of an immigration judge, contacted by ice or dhs. That never happened to me, so she said while i was out of status i have not accrued unlawful presence so no ban. All i need to do is not lie about ti right no on ds-230 to unlawful presence and right next to it not taht iam aware of and bring with me the law that states that we do not accrue unlawful presence. She had other cases in brazil they were aware of and others they had to look the law up.

[menina 50]

Ok so we are about to interview and were so worried that we would need a waiver because i took a leave of absence from school and they cancelled my i-20. I spoke with Lizz Cannon one of the best lawyers around who told me that under the immigration law INA and under a memo from USCIS a person who was on a F-1 visa that has d/s on their I-94 meaning duration of stay do not start accruing unlawful presence until they are put in front of an immigration judge, contacted by ice or dhs. That never happened to me, so she said while i was out of status i have not accrued unlawful presence so no ban. All i need to do is not lie about ti right no on ds-230 to unlawful presence and right next to it not taht iam aware of and bring with me the law that states that we do not accrue unlawful presence. She had other cases in brazil they were aware of and others they had to look the law up.

Well, that sounds like great news! Have you heard anything from the consulate yet? Were you able to request an expidite at that level as well? I hope you can come back here soon and get the help for your daughter!

[Darnell 8,478]

excellent! Be sure to being this up (citing the references) on interview day, if/when needed.

[BzmommytoAmerican 8]

Sorry guys was out with the baby. The consulate received our case thursday as it was carnaval here and the embassy was closed almost alk week. We sent an expedite request friday lets see what we hear.im scared of the interview. I dont know what to say about school, using medicaid before being married for pregnancy the lawyer said thats ok since i wasnt married, was a legal immigrant and qualified for it.

[Ryan H 3,812]

I dont know what to say

You tell the truth........

[BzmommytoAmerican 8]

I will. I will say i was out of status due to pregnancy complications but per the law i know i did not accrue unlawful presence

[pushbrk 12,898]

I will. I will say i was out of status due to pregnancy complications but per the law i know i did not accrue unlawful presence

Just give them the facts they directly ask for, if any. No need to make any excuses or put legal labels. Explain why you didn't leave. Don't use legal terms like out of status in your explanation.

[pushbrk 12,898]

Ok so we are about to interview and were so worried that we would need a waiver because i took a leave of absence from school and they cancelled my i-20. I spoke with Lizz Cannon one of the best lawyers around who told me that under the immigration law INA and under a memo from USCIS a person who was on a F-1 visa that has d/s on their I-94 meaning duration of stay do not start accruing unlawful presence until they are put in front of an immigration judge, contacted by ice or dhs. That never happened to me, so she said while i was out of status i have not accrued unlawful presence so no ban. All i need to do is not lie about ti right no on ds-230 to unlawful presence and right next to it not taht iam aware of and bring with me the law that states that we do not accrue unlawful presence. She had other cases in brazil they were aware of and others they had to look the law up.

Just to clarify, the D/S refers to "duration of status", not "duration of stay". Ms Cannon may be correct about the accrual of unlawful status but, if she actually used the word "stay" instead of "status" that's wrong.

You were admitted for as long as you remained a student or involved in your practical training plus a grace period. Either way, overstays are forgiven when adjusting status based on marriage to a US Citizen.

[BzmommytoAmerican 8]

Its duration of stay. Look up the memo from uscis

[BzmommytoAmerican 8]

Sorry it says duration of status and stay lol. But it means the same thing on their memo it says they will not accrue unlawful presence unless a judge determines it or a ij

[pushbrk 12,898]

Sorry it says duration of status and stay lol. But it means the same thing on their memo it says they will not accrue unlawful presence unless a judge determines it or a ij

Status is the key here. I said I expect the accrual issue was correctly stated but a judge WOULD determine unlawful presence if one stays after their student status ends. It's all moot except the "status" part because any overstay or unlawful status is simply forgiven in cases where the visa holder successfully adjusts status based on marriage to a US Citizen. Note the word status comes first, not stay. This is what makes the difference. Student visas are for students, not former students.