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.
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