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mustadeth

Am I barred?

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Filed: Timeline
I attended school in the US from 2012 to 2013 and eventually returned to my coutnry. My last year I was unable to register to classes because I got suspended from school because of low grades and I overstayed trying to enroll back in school and at the same time looking to transfer to another one. As far as I know, when I couldn't register for classes my visa expired but I think my I-20 was still valid for a semester while I was trying to re-enroll or transfer. I have been told that since my I-20 was still valid I could still remain in the country which would make my doubt about if I'm barred from entering the country different.

For what I've read I overstayed less than a year but more than 6 months so I'm not able to go back for three years, but if my I-20 was valid it would count as less than 6 months so it would only be one year, assuming what I've been told is correct.

I'm making plans to attend a concert in Miami on October but since I'm not sure about my status and visas I was wondering if there's a way to check that information to see if I'm able to apply for a tourist visa for 2017.

In the case I wasn't I would like to know if having a student visa and then applying for a tourist visa would make it different in certain ways and if not, is there a way to appeal to the barring from entering the country?


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The only way of knowing is applying and seeing if they deny you.

Unless you were told trying to enter you cannot.

Ignorance of the law won't excuse you so don't bother with any excuses. You need to read what requierements are for any visa.

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Filed: Timeline

The only way of knowing is applying and seeing if they deny you.

Unless you were told trying to enter you cannot.

Ignorance of the law won't excuse you so don't bother with any excuses. You need to read what requierements are for any visa.

Gotcha, I know my best bet is to apply its pretty pricey tho so I wanted to see if I could find out before. The last time I entered the country I did it with no problem except when I got to my school and went to the international students office there I was told I couldnt register to my classes

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Gotcha, I know my best bet is to apply its pretty pricey tho so I wanted to see if I could find out before.

Nope.

$160 to find out, no other way.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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In your I-94 the expiration date is D/S, right? Unless you were issued an order to leave the US by the immigration judge (or some other authority) then you were probably only out-of-status as opposed to unlawfully present. The clock of unlawful presence might have not started to tick yet. Without more information it is hard to tell if you received the bar or not.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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