In june 2002, i went to the U.S. as a tourist. I was given 6 months by the immigration. I decided to apply for a change of status from B1/B2 to F1 so i could study nursing. To cut it short, I studyed in the U.S for 5 years because they keep in putting me in the the waiting list for 2 yrs even though a have a 3.4gpa. Unexpectedly, i graduated associate in arts with honors because i took a lot of subjects even it's not needed for the nursing classes just to be in-status . I did not enroll for fall 2006 semester and spring 2007 semester. I recieved a letter from the INS (march 2007) that i have to go to there office. I went to the INS, explained why i was not enrolled because of the waiting list. They told me that the school already cancelled my F1 visa (oct.3 2006) cause i was not enrolled. They also told me that i have to exit the country in 2 weeks time (voluntary departure) or else they are going to arrest and deport me. They gave me an option if i want to talk to a judge and plead my case regarding the waiting list issue and ask the judge if i could just wait for another 2 months just to find out if the school is going to accept me in the nursing program.
I just decided to leave voluntary. So the INS agent told me to leave my passport until i already have a ticket going back to my home country and i was obliged to call every monday to the INS agent to inform my whereabouts.
After 2 days, i presented the ticket to the INS agent, She gave back my passport. She told me that i could go back in the United states in two weeks after i exited the country. As far as she's concern, my tourist visa is still valid according to her and if i exited the country, my record for expired student visa would be erased.
My question is, (1)can i still use my old tourist visa to re-enter U.S? or do i have to re-apply for a new tourist visa?
(2)Just want to know if im also ban entering U.S because i was out of status for 5 months?
When i was in the airport, the person in the counter got my Tourist I-94 form not the F1 I-94 form. I was just wondering that INS might think that i overstayed for 5 years because of my tourist Visa I-94.
It has been a year since i left united states. Im planning to go back this coming May 2008 as a tourist if everythings okay with my Visa.
Sorry for the long story. I hope you could help me. God bless you all.