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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default Voluntary Deportation and Re-Entry

    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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Voluntary Deportation and Re-Entry

    If the USCIS agent was correct, you may reenter as a tourist. We know absolutely nothing about the status of your visa beyond what you have told us, and have no access to the USCIS computer system, so we have no basis to second-guess that statement.

    If you go out of status for 180 days or longer, you get a three year period of ineligibility. With your shorter overstay and voluntary departure, you should not be ineligible to reenter. That doesn't mean you won't be given a hard time at the border, and doesn't guarantee entry, but from what you say you are eligible to return to the United States.

  3. #3
    Join Date
    Mar 2008
    Posts
    2

    Default Re: Voluntary Deportation and Re-Entry

    Thank you sir for your response. Before i go back to united states, i might go to an immigration lawyer for consultation. Thanks again!

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