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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default Getting a Tourist Visa After Overstaying As a Student

    I am going back to my country of origin voluntarily after overstaying a F-1 visa(university) from 2007-2015. So I have a few questions about a possible 10-year ban:

    1- Have I accumulated any unlawful presence for the purpose of a ban since my I-94 has a D/S stamp? I have never been contacted by immigration all these years, and I've read that the unlawful presence period in a D/S case only starts when you're notified, is that true?

    2- Since I came here I had to renew my passport twice at my country's consulate because the previous ones expired, so I'll be going back with my third passport with a different number than the one I entered the US with, does that make any difference for the departure record? Also, when I came here in 2002 they were not yet collecting fingerprints and photograph at the airport. Not sure if that matters.

    3- Does it matter if I don't give my I-94 to the airline at the airport when I leave?

    4- What about going to Mexico by land and leaving from there, would that work to my advantage since there would be no departure records? Would that be the same as not surrendering my I-94?

    In the future I may try to apply for a tourist visa, so I want to avoid the 10-year ban, but I realize my chances are pretty slim.

    Thanks for any advice.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Getting a Tourist Visa After Overstaying As a Student

    Based on your overstay, it is unlikely that you will be granted a tourist visa. You are a poor risk.

    Your plans to try to avoid detection are foolish. Lying to US immigration can get you a permanent ban.

    D/S provides you with protections against a ban provided other actions have not been taken. Since you have been been avoiding Immigration, how can you be sure no actions have been taken against you.

    Remember: NEVER LIE TO US IMMIGRATION OFFICIALS. Many actions are overlooks, but not lying.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Getting a Tourist Visa After Overstaying As a Student

    Failure to return the I-94 (either at the point of departure or by reporting it timely to the CBP if you left by private conveyance) will cause CBP to likely assume you overstayed previously, not that you left timely.

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