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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12052
Experience:  Write FOR JAMES to get my help!
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When do you start accumulating illegal days in the United

Customer Question

When do you start accumulating illegal days in the United States? When your I-20 is terminated or when the Immigration Services contact you about your status
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

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ANSWER: A person on duration of status is out of status once the I-20 expired or they have violated their nonimmigrant F1 student status. But they do not start accumulating "unlawful presence" until the date that the DHS (USCIS), IJ, or the BIA makes a formal finding of a status violation.

So it is not when the I-20 is terminated, but when the USCIS, Immigration Judge or the Board of Immigration Appeals informs you that you are out of status.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

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Customer: replied 1 year ago.
Hello James,
I did not get any Email or a letter from any of the sources you listed above. But my DSO told me that I would accumulate illegal stay days in the United States. And what happens to my Visa
Expert:  Expert James replied 1 year ago.

Sorry for the delay. I was offline when you responded. My apologies for any inconvenience, but I thought I had answered your quesitons already.

ANSWER: If you violate your status, you are out of status and overstaying your lawful status. But if none of those things that I described happened, you are not accumulating unlawful presence. I don't know why your DSO would tell you otherwise. You can find this in the Foreign Affairs Manual, here (copy and paste this link in a new window): http://www.state.gov/documents/organization/87120.pdf

As far as your visa, once you've violated a nonimmigrant visa status, it is canceled by operation of law. You cannot come back with the visa without getting a new one.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

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

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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