Hi I came to US in January, 2008 on a F1-student visa from Canada (I am Canadian citizen) and in the spring of 2009 semester at my current university I accidentally secured 11 credit hours instead of a 12 credit hour (international student requirement). I signed up for 4 courses which I thought were 12 credit hours but they were 11 credit hours. I did not find out about this until later when I decided to meet my international advisor about taking a course at community college and this was in December 2009. My SEVIS was terminated in September 2009. Just recently in January an ICE officer came looking for me and I had to go to the immigration office and the ICE officer took my thumb prints and pictures and set me up for a court hearing. I must mention I went to the USCIS office myself they did not take me. So, I went there voluntarily after the ICE officer came looking for me, I called in and said I am coming. They have confiscated my Canadian issued passport. My question is how long have I overstayed considering my SEVIS terminated in September 2009 and I have heard about 3 year ban or a 10 year ban. Does that apply to me? I just applied for my F-1 reinstatement from the international office from my school. They have issued me a new I-20 for February 2010.
Here are some facts about me:
1) I am Canadian citizen. (East Indian descent became citizen when I was 20 when I came to Canada)
2) No Criminal record not even traffic violation.
3) Just overstayed F-1 Visa without knowledge. If the international office had send me in writing or email that I am out of status I would have fixed it earlier. As I mentioned above they found about it when I was inquiring to take course later at a community college.
4) The ICE did not detain me or arrest me but I was let go on recognizance.
Please answer all the questions below as it will help me ask my lawyer the right questions. That is why I put this statement in bold. Just asking to provide info to the best of your knowledge of all the concerns below.
Q1) Am I banned from US and for how long? Can I come back if I am to be voluntarily deported? According to my papers I am in removal proceedings so is that a YES I will be removed for sure or I can still get a lawyer and get out of this mess.
Q2) I have heard the immigration judge always send people back. At my hearing DOES the judge have 2 options: my favor(to let me stay to complete school) or against(go back)?
Q3) Who decides if I can come back? the officer at the port of entry (in my case Toronto airport) or some one else.
Q4) Also I have heard about interviews in cases like these what are these interviews? upon applying to renter US (in my case it would be as a student).
Q5) My last question is: what was the reason that ICE police came to my house. I went and asked international office and they told me they usually talk to the school first before coming to the student and the have better things to do then come to and look for "out of status students". I mean a friend of mine told me he have some friends that came as student and have been here since 15 years and never went back. No one came for them! and I been out of status for little time and ICE showed up. Just hypothetically speaking, I was also thinking someone might have provoked them and told them that I was out of status just out of jealousy. I did tell the person who is living with me. Is that a possibility.

