Legal Question in Immigration Law in Washington

Hi! I'm applying for a new F-1 visa and I've encountered a problem. While filling out the DS 160 application, this question appeared: Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

Here's a little background information. A few years ago, I studied in the US before my school terminated my I-20. After 152 days, I left voluntarily. I don't think I've overstayed because my D/S and visa was still valid at that time. As for unlawful presence, I heard f-1 visa holders don't accumulate unlawful presence until USCIS or Immigration Judge determines that person is out of status. I could be wrong though.

So, do I answer no? or yes? Thank you very much!


Asked on 11/20/13, 6:27 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Although I cannot tell you how to answer the question on the form, you are correct in that a student is technically considered in "duration of status" until USCIS or the U.S. Consulate makes a determination to the contrary. This would not happen until you apply for a visa or other immigration benefit.

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Answered on 11/20/13, 1:33 pm


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