possible overstaying and illegal presence?

[linblinb 0]

I came to the states with an F1 visa and attended high school here. I graduated this summer and due to some personal issue I didn't apply for a college for the summer. I didn't leave the states and now when i was trying to apply for the spring semester I discovered some issue.

The termination date for my high school I-20 was august 1 and does that mean august 1 is the starting date of my illegal presence. I have heard a lot of people saying that my unlawful presence doesn't accrue until the uscis makes a final determination. So in this case, would the termination of my I-20 be the final determination made by the USCIS or it's just my high school's choice. When did my unlawful presence actually start.

No matter what i think i'm leaving the country as soon as possible. But if I leave the country within the 180 days of unlawful presence, will my chance of getting another F1 VISA in the future be hurt?

I am just so confused right now

[Hypnos 6,576]

Presuming your I-94 is marked "D/S" then you will accrue no overstay until either an immigration judge or USCIS themselves (through you filing another application) makes such a determination.

Failing to comply with the terms of your F-1 visa, regardless of whether you accrue overstay or not, may jeopardise your ability to obtain another nonimmigrant visa in the future.

[Penguin_ie 5,993]

Any overstay will hurt your chances of another visa; an overstay of more than 180 means there is a ban.

[KierenHby 899]

Generally speaking, an overstay will be scrutinized by a CO; may hurt chances of a future nonimmigrant visa.

[linblinb 0]

Any overstay will hurt your chances of another visa; an overstay of more than 180 means there is a ban.

So in my case my I20 termination day is august 1 (two months after my i20 ends) even if the unlawful presence starts accumulating from august 1. I'm still under the 180 days limit. So how much damage is it gonna do when I re apply for another f1 visa. Is it totally depending on the interviewer and my way of explaining my overstay during the interview?

Also another thing, I've read online that somebody that overstayed only a few weeks got an 5 year bar from reentry. Why would that happen? Although in those cases, most of the events happened more than a decades ago, is there a possibility that I would get a bar?

[Californiansunset 336]

So in my case my I20 termination day is august 1 (two months after my i20 ends) even if the unlawful presence starts accumulating from august 1. I'm still under the 180 days limit. So how much damage is it gonna do when I re apply for another f1 visa. Is it totally depending on the interviewer and my way of explaining my overstay during the interview?

Also another thing, I've read online that somebody that overstayed only a few weeks got an 5 year bar from reentry. Why would that happen? Although in those cases, most of the events happened more than a decades ago, is there a possibility that I would get a bar?

Yes, you answered your question yourself. It completely depends on the CO whether you are going to get another non-immigrant visa in the near future. You might talk to one who you can convince that you made a mistake so you will get granted another visa or you might get a CO who doesn't forgive overstays and visa violations at all. Your chances of getting one approved will probably be a lot better if you wait a few years. It also depends in which country you will have your interview. You are not displaying your homecountry so it's impossible to tell whether you might even be from a high fraud country or in general a country that is more strict than others.

Also, if you are quoting about another thread and ask questions about it, it helps if you post a link to it. It's difficult to answer why that person got a 5 year ban if the people here don't know the story or circumstances.

Edited December 2, 2016 by Californiansunset

[Unlockable 7,314]

Yes, it will jeopardize future visas. You can apply again but expect heavy scrutiny. Right now you are racing against a clock. 180 days overstay and you will incur a ban. So if there is a denial or delay to the new F1 be prepared to leave before 180 days.

[Penguin_ie 5,993]

No one can tel you hoe much damage is done, just that there IS damage; like you said, a lot depends on the CO, and also the circumstances when you apply again. If you apply soon, with your only reason being "because I like the USA", your chances of approval are probably low. If you study in your home country for a few years, and then there is a post-grad course in the USA that is not offered in your home country, your chances would be higher.

Not sure on the case you heard about, as we do not have enough details to say. Since this happened over a decade ago, it could be that the rules were different them but 5 year bans are often if someone was ordered removed from the USA, perhaps of a criminal charge, a visa that was revoked as opposed to overstayed, or something.

[Hypnos 6,576]

Right now you are racing against a clock. 180 days overstay and you will incur a ban.

If it's an F-1 marked "D/S" then there won't be a bar, as I described above.