F1 Student out of status in VA. waiver of 10 year ban

[hokies2007]

Hi, I am new to this site. I am so glad I discovered this place! Everyone is so helpful and I hope someone can give me more info on my situation.

I am currently residing in Virginia. I came to Virginia Tech as an F-1 student in 2002 and due to academic suspension I was unable to enroll for the 2006-2007 academic year. Due to that my Sevis was terminated and I have now been here out of status for over a year.
ICE paid me a visit in March and took me to their office where they presented me with a notice to appear for removal proceedings. I am still waiting on the court date.

I know that I am subject to the 10 year ban but I just graduated this May and I would like to continue school to get my Masters.

From reading the posts, I believe I will have to seek voluntary departure and ask for a waiver of the 10 year ban. I guess I will have to do all this in court in front of an immigration judge.

Does anyone know about my situation and if I stand any chance of having the 10 year ban waived? I am a student, I'm not married to a USC, my sister lives here with a green card. My hardship is that I have grown up in so many different countries that I dont really have a set home. My citizenship is from Ghana but I have never lived there and dont know anyone there. Additionally I have invested a lot of money into my education and still have student loans here in the U.S. of over $40,000.

I would appreciate any feedback. Thanks!!

[blueblue]

I don't have much experience on student visas, so take this as just my opinion.

What was the stamp in your passport? If it was D/S (duration of studies) rather than a specific date, you are not considered overstaying until determined to be by USCIS or Imm Judge. You then would not accrue unlawful presence until after that determination and then not be subject to a bar if you leave under 180 days from that determination.

If you do get hit with a bar, you can only receive a waiver for overstay for extreme hardship to a qualifying relative. I don't believe a sister is considered a qualifying relative.

Try Heather Poole or one of these attorneys for more help: http://www.immigrate2us.net/forum/showthread.php?t=889

[Zia80]

Dear Hokies:

I'm sorry about your situation. F1 students dont usually qualify for Federal Financial Aid , so I dunno if mentioning that as part of your argument might land you in a bigger soup.

Maybe I'm wrong.
You should check into that.
Zia 80

[JMRJ]

When is your court date?

If you leave before accruing 180 days unlawful presence, you won't trigger the 3 year bar. If you leave before accruing 365 days of unlaful presence, you won't trigger the 10 year bar.

I think you already started accumulating unlawful presence the day the USCIS determined that you were out of status.

This is what the memo clarifies the law:

(II) Alien admitted for duration of status,
violates status, e.g., by working without
authorization, is out of status for any
period of
time, applies for a change of status (COS),
which INS denies on the ground that alien was
out of status. Unlawful presence
begins to accrue on the date of the denial.
The alien departs voluntarily on his own
prior to commencement of removal
proceedings 180 days or less after INS
decision: not subject to 9B because alien did
not accrue more than 180 days of
unlawful presence after INS decision;
however, alien is subject to 222(g).

Another thing I want to cover is that I hope your student loan is through a private lender and not from Federal Aid because there may be some serious consequences.

(G) Student visa abusers.-An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act101a15Fi&s_type=all&hash=0-0-0-615)and who violates a term or condition of such status under section 214(l) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act214l&s_type=all&hash=0-0-0-619)is excludable until the alien has been outside the United States for a continuous period of 5 years after the date of the violation. 11/ (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|ACT212FN11&s_type=all&hash=0-0-0-2491)