F1 out of status, overstay ? Reentry in the US

[Kembra 0]

Hello,

I'm French, in 2010 i had a F1 visa to study in college. However, i didn't have money anymore for the second semester, so i drop my classes and was told i only had 10 days to leave the country.

The probleme is, i left 13 days after, so i was "out of status" for 3 days before i finally leave the country to go back home.

My question is: will i be able to reenter the US with a visa waiver program ? Or will i need a visa B2 (tourist), as they noticed i overstayed ?

Thanks, and don't hesitate to ask me if you need more info to help me !

Kembra.

[canadian_wife 1,822]

Someone will correct me if I am wrong but because you overstayed (even 3 days counts) then you'll need a B2 visa.

Good luck

[VanessaTony 3,567]

Who told you you had 10 days? I would apply for the VWP and see whether they approve you.

[Kembra 0]

The VWP, ESTA, don't "notice" if you overstay or not, so i might have it approved, and be refused at the US border.

When i dropped my classes, i had to sign a paper, and the director of the college told me i only had 10 days to leave the country from now on. I believe because he sent my info to the USCIS.

The problem is i don't have proof of this paper, and had no "date" written anywhere..

[jaycali 415]

From my understanding, with an F-1 marked D/S on the I-94 you don't accumulate unlawful presence until ordered removed or specifically told to leave by a certain date. F-1 holders at least aren't subject to the 3/10 year bar unless ordered removed.

So technically, unless the 10 day deadline was given by DHS, you wouldn't have been 'unlawfully present', but been out of status.

Where did the school official get this 10 day deadline from? DHS, or did he pull it out of a hat?

ESTA does do a quick search of gov't databases, so I would at least fill out ESTA (honestly), see what response you get, and then do VWP if approved.

If unsure, you should apply for a B-2 just in case though.

Edited April 14, 2012 by jaejayC

[Kembra 0]

From my understanding, with an F-1 marked D/S on the I-94 you don't accumulate unlawful presence until ordered removed or specifically told to leave by a certain date. F-1 holders at least aren't subject to the 3/10 year bar unless ordered removed.

So technically, unless the 10 day deadline was given by DHS, you wouldn't have been 'unlawfully present', but been out of status.

Where did the school official get this 10 day deadline from? DHS, or did he pull it out of a hat?

ESTA does do a quick search of gov't databases, so I would at least fill out ESTA (honestly), see what response you get, and then do VWP if approved.

If unsure, you should apply for a B-2 just in case though.

Yes, i believe i was "only" out of status. I believe the school got an official notice by the DHS (well actually the USCIS, sorry i'm not familiar with all those administrations).

As i remember, i had to sign a paper to state i was dropping school, then i had 10 days to leave the country after that. I asked them if they could let me more time, but the school told me it was too late as they sent info to the immigration already.

Oh well, i think i'm answering myself to my question, i might need a B2 >.<

I thought as i didn't overstayed a WVP, but i was out of status on a F1, the situation would be different, and i'd be able to apply fro the VWP still :/

[Harsh_77 718]

You can try with ESTA see what you get back, safer bet would be getting B2 visa.