i601 Will I need a waiver?

[Trkmc85 14]

Just now, Boiler said:

Your immigration history, FOIA does not include everything.

I am on USCIS website right now reading about it. Have you done it? 

[Boiler 46,125]

1 minute ago, kmlcbi61 said:

I am on USCIS website right now reading about it. Have you done it? 

Me. I did not have anything interesting to look for. Others have.

 

[Trkmc85 14]

1 minute ago, Boiler said:

Me. I did not have anything interesting to look for. Others have.

 

I see. Thank you very much. 🙏🏻 I will read a little more about this and possibly file one. 

[Family 4,232]

D/S ( duration of stay) for F-1 Student Visa is specific to the academic program on the I-20..

During consular processing ( on DS-260) you are asked to disclose all entries/stays in the US. and to list schools/universities attended. ..remember there is a database for old I-20 ( if you claim you attended and maintained your F-1 status.. you will need proof) This is repeated at the interview ..and that is how they determine what bars you are subject to. 
It is pretty much the same conclusion ( after your diligent research) that you came to but I can understand why “D/S” seems so harmless and vague..it’s NOT. 

[Boiler 46,125]

This is some time ago and I forget when it became an issue, in reality the determination is made at the interview 

[Trkmc85 14]

3 minutes ago, Family said:

D/S ( duration of stay) for F-1 Student Visa is specific to the academic program on the I-20..

During consular processing ( on DS-260) you are asked to disclose all entries/stays in the US. and to list schools/universities attended. ..remember there is a database for old I-20 ( if you claim you attended and maintained your F-1 status.. you will need proof) This is repeated at the interview ..and that is how they determine what bars you are subject to. 
It is pretty much the same conclusion ( after your diligent research) that you came to but I can understand why “D/S” seems so harmless and vague..it’s NOT. 

How would you explain those 3 members I shared above that have successfully gotten their visas without the need of a waiver? They mentioned that their consular officers didn’t even mention their overstays.

[JeanneAdil 6,657]

21 minutes ago, Boiler said:

This is some time ago and I forget when it became an issue, in reality the determination is made at the interview 

1991 for F1 and 1993 for J1

 

 DHS proposed to change d/s  September of 2020

 

 (July 6, 2021). Dr. Esther D. Brimmer, Executive Director and CEO of NAFSA: Association of International Educators, commented: “NAFSA is pleased that today, the Biden Administration officially withdrew the proposed rule to eliminate duration of status (D/S) for F students and J exchange visitors. 

[Family 4,232]

It seems that there will NOT be any reason to worry and the Officer may just skip over  questions of overstays /schools attended, much like in the past or worst case scenario declare a finding of “student visa abuser” , which you satisfy by being out over 5 years. 
Thank you JeanneAdil for the reminder.
 

 

Following is from the 2009 USCIS  Memo , that is back in effect:
 

 Example 3: An alien is admitted for "duration of status" as an F-1 nonimmigrant student. One year later, the alien drops out of school, and remains in the United States for one year after dropping out. The alien's status became unlawful when she dropped out of school. Neither USCIS nor an IJ ever makes a finding that the alien was out of status; therefore, she never accrues any unlawful presence for purposes of section 212(a)(9)(B) of the Act.

 

This from the Department of State :

G) Student visa abusers.-An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) and who violates a term or condition of such status under section 214(l) is excludable until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.

 

 

[Family 4,232]

It is however a good idea to be prepared for the worst and hope for the best. 
Attached recent VJ post is proof that Consular  Officers still apply the 10 year bar to Student Visa overstays. 
 

[Trkmc85 14]

3 minutes ago, Family said:

It is however a good idea to be prepared for the worst and hope for the best. 
Attached recent VJ post is proof that Consular  Officers still apply the 10 year bar to Student Visa overstays. 
 

I think this one was J1 with 2 year residency condition. She also didn’t mention if she had D/S or a specific date on her i-94. I will surely be prepared for the worst, but am very hopeful that I won’t have a bar. 🙏🏻 You guys rock! Thanks million times for all the valuable information. 

[Akilah15 30]

On 3/12/2022 at 12:06 PM, Family said:

Yes a I-601 Waiver for Unlawful Presence will be required since you are subject to the 10 year bar for having accrued more than one year of unlawful presence and you have been out only 7.5 years.

Make certain when they give you the Refusal Letter at the interview it clearly states that you qualify for an I-601 . 
in the meantime prepare the Waiver Supporting Documentation so that your USC spouse can  file it as soon as you get the Refusal Letter. 

So if it's been more than 10 years you don't need the waiver? My dad overstayed for 2 years but it has been 12 years since he's been back in his country. Will he need to do the waiver?

[Boiler 46,125]

1 hour ago, Akilah15 said:

So if it's been more than 10 years you don't need the waiver? My dad overstayed for 2 years but it has been 12 years since he's been back in his country. Will he need to do the waiver?

Not for the overstay