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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7586
Experience:  Experienced in all aspects of immigration and nationality law.
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I didnt go to school for 2 years already . I went to ISSO to

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I didnt go to school for 2 years already . I went to ISSO to check how to back to school , the officer told me i can get a new I20 and go back to China to get a new visa. He told me even im out of status for over 1 year i can still come back when I get a new visa. But I search on the Internet it saids if u out of status for over 1 year, you cant be back for 10 years? Which one is true. Please answer me if u can .Thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

Both are true. You are subject to a 10-year ban from entering the US. But if you can get a waiver of the 10-year ban from entry, then you can get a new visa and can travel to the US.

So yes, while you can theoretically get into the US with a new visa, in order to get a new visa, you have to get a waiver to re-enter the US.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.

Sorry my English is not good so if possible can we talk through skype or phone? I dont want miss any details just because my english bad.This is ver y important for me . Thank you

Expert:  Expert James replied 1 year ago.
Zhoufan,

Unfortunately, Experts like me are not allowed to take on customers as clients, nor are we allowed to communicate through phone or Skype. We only are permitted to provide information through this site.

Would you like to continue?
Customer: replied 1 year ago.

I dont know about who to believe right now. ISSO officer told me : because Im out of status now. I need new visa to get back to school. A brand new I20. They will keep the old one in my record, but i can get a new visa or not is all about the new I20. so i have chance to come back. On the other side, I think I will get 10 years ban after i left US. I have nothing to do in China and dont dare to tell my dad and mom. So Im very puzzled what to do next. If you can give me some advice or tell me a case about anyone has bee through the same thing as me you know. Thanks

Expert:  Expert James replied 1 year ago.
Zhoufan,

Now I understand a little bit better. I was confused by something, but now I see I misunderstood some of the information you provided me.

If your I-94 says D/S (Duration of Status), then this could be overcome without having to deal with the ban, just like the ISSO officer told you. Technically, a person with a D/S I-94 is not subject to the 10 year ban unless he had contact with DHS and there was a determination that you were out of status, and then you stayed even longer.

Students in F-1 status generally are here on D/S and so they don't accrue unlawful presence for the purposes of the 10-year bar until a determination is made by DHS. That is good news for someone like you, if your I-94 says D/S.

Now the next question is, even if you are not subject to a ban, does it solve all of your problems and guarantee you another visa and/or re-entry? No. While you are eligible for another visa, you are and have been, in fact, illegally present in overstay stay status. And because decisions to give you a visa and allow you entry is discretionary is completely discretionary, the officers can hold it against you anyway and deny you a visa, even when you are not subject to a statutory (automatic) ban.

So again, F-1 students with a D/S I-94 do not accrue unlawful presence unless they have sought other benefits and have been found by DHS and/or the USCIS ineligible or removable already. But even if there is no ban, you still might be denied the benefit based on your overstay and illegal presence.

Based on the facts you have specified it is unlikely that you are subject to the 10 year bar due to unlawful presence, and can still come back, so long as the officers at the consulate issue you the visa.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7586
Experience: Experienced in all aspects of immigration and nationality law.
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