Zia80
06-16-2008, 10:45 AM
Hello everyone!
After all the questions and queries from me, and all your helpful answers here's what I gathered.... My situation is so crappy, even lawyers are on the fence about how the law applies .. so the best i can come up with is to attach a letter with my DS-156, explain everything with no sugar coating, say a prayer, hope the consular is having a great day, and leave the decision of my fate to him and to a higher being.
Also, It would be great help if all you immigration law wiseguys read my letter and tell me what you think. I have tried not to dwell in pity, keep it direct and factfull and hope that I get a desirable response of a 3 year bar....
I never thought thats what I would be praying for.. but here I am.
Any thoughts, criticisms will be greatly appreciated
Thanks in Advance...
Here's my letter
Attachment to DS-156
June 13, 2008
Dear Consular Officer,
The purpose of this letter is to explain my “Yes” answer to Question 38 of the DS-156 form stating, “Have you ever violated the terms of a U.S. visa, or been unlawfully present, or deported from the United States?”
I was unlawfully present in the United States from June 16, 2005 to June 6, 2006, for a period of less than one year.
I entered the US on an F1-Student Visa on November 14, 1997 (I-94 marked D/S Duration of Status) and attended Alliance High School in Alliance, Nebraska as a Senior. Thereafter I enrolled in the School of Business and Applied Sciences at Chadron State College, Chadron, Nebraska. I graduated in December 2002 with a Bachelor of Arts degree with a double major in Marketing and Management Information Systems and then went on to a Master’s of Business Administration Program(MBA) at Chadron State College.
In the last semester of my MBA program,(December 2004) I only had one class left towards graduation, The Designated School Official; Mr. Dale Williamson had updated my status from Full-time to Part-time with SEVIS (See enclosed). I was also advised that the change in class-load would not affect my student status and that upon graduation December 17, 2004 I would be able to apply for my Optional Practical Training (OPT), since my I-20 was valid till December 31, 2004.
On December 18, 2004 Mr. Williamson informed me that he was unable to locate my SEVIS file, and that my file had been terminated. He was unaware that my status would be affected when my class-load changed. A new I-20 was issued, valid until December 31, 2004 and re-instatement was requested. In the meantime I was told to file an I-539, Extension of Status, EOS and I-765 Employment Authorization Document, EAD for my Optional Practical Training.
Mentioned below is a timeline of my correspondence with the CIS and events leading up to my departure June 5, 2006
December 30, 2004 – Filed I-539 EOS and I-765 EAD for OPT
February 1, 2005- CIS requested more information for the I-539
February 25, 2005- I-539 Denied with option to appeal/reconsider
March 2005- Started dating my Husband Naseer
March 24, 2005- Filed Motion to re-consider I-539 with more evidence
May 16, 2005- Appeal Denied
June 16, 2006- I-765 denied on basis of denied I-539
November 19, 2005- Got engaged to Naseer
June 5, 2006- Left the United States voluntarily and surrendered I-94 at departure.
I understand that, unlawful presence is not accrued until the adjudication of a pending benefit application as long as the applications were filed in a timely and un-frivolous manner. I applied for both; the I-539 EOS and I-765 EAD on December 30, 2004. My appeal to reconsider the I-539 denial was denied on May 16, 2005. The EAD was denied on basis of the denied I-539 application on June 16, 2005.
Therefore, I started accruing unlawful presence on June 16, 2005. At this time Naseer and I were in a serious committed relationship and intended to marry after he had met my family in India. So on June 5, 2006, less than a year after my last decision from the CIS, I left the United States to return to India.
Naseer visited my parents and family in December 2006, and we married with their blessings in Goa, India on December 13, 2006. On April 26, 2008 our son Zohaib Ali Zia was born in Goa, India and has recently received his U.S. Passport.
I wish to join my husband in the United States with my son upon approval of a K3-Spouse visa. I am deeply sorry for my unlawful presence and hope that it will not prevent me and my son of living a normal family life with my husband in the United States. I believe that my strong educational background will help to contribute to the American economy and become a noble law abiding citizen.
Sincerely,
Zia 80
After all the questions and queries from me, and all your helpful answers here's what I gathered.... My situation is so crappy, even lawyers are on the fence about how the law applies .. so the best i can come up with is to attach a letter with my DS-156, explain everything with no sugar coating, say a prayer, hope the consular is having a great day, and leave the decision of my fate to him and to a higher being.
Also, It would be great help if all you immigration law wiseguys read my letter and tell me what you think. I have tried not to dwell in pity, keep it direct and factfull and hope that I get a desirable response of a 3 year bar....
I never thought thats what I would be praying for.. but here I am.
Any thoughts, criticisms will be greatly appreciated
Thanks in Advance...
Here's my letter
Attachment to DS-156
June 13, 2008
Dear Consular Officer,
The purpose of this letter is to explain my “Yes” answer to Question 38 of the DS-156 form stating, “Have you ever violated the terms of a U.S. visa, or been unlawfully present, or deported from the United States?”
I was unlawfully present in the United States from June 16, 2005 to June 6, 2006, for a period of less than one year.
I entered the US on an F1-Student Visa on November 14, 1997 (I-94 marked D/S Duration of Status) and attended Alliance High School in Alliance, Nebraska as a Senior. Thereafter I enrolled in the School of Business and Applied Sciences at Chadron State College, Chadron, Nebraska. I graduated in December 2002 with a Bachelor of Arts degree with a double major in Marketing and Management Information Systems and then went on to a Master’s of Business Administration Program(MBA) at Chadron State College.
In the last semester of my MBA program,(December 2004) I only had one class left towards graduation, The Designated School Official; Mr. Dale Williamson had updated my status from Full-time to Part-time with SEVIS (See enclosed). I was also advised that the change in class-load would not affect my student status and that upon graduation December 17, 2004 I would be able to apply for my Optional Practical Training (OPT), since my I-20 was valid till December 31, 2004.
On December 18, 2004 Mr. Williamson informed me that he was unable to locate my SEVIS file, and that my file had been terminated. He was unaware that my status would be affected when my class-load changed. A new I-20 was issued, valid until December 31, 2004 and re-instatement was requested. In the meantime I was told to file an I-539, Extension of Status, EOS and I-765 Employment Authorization Document, EAD for my Optional Practical Training.
Mentioned below is a timeline of my correspondence with the CIS and events leading up to my departure June 5, 2006
December 30, 2004 – Filed I-539 EOS and I-765 EAD for OPT
February 1, 2005- CIS requested more information for the I-539
February 25, 2005- I-539 Denied with option to appeal/reconsider
March 2005- Started dating my Husband Naseer
March 24, 2005- Filed Motion to re-consider I-539 with more evidence
May 16, 2005- Appeal Denied
June 16, 2006- I-765 denied on basis of denied I-539
November 19, 2005- Got engaged to Naseer
June 5, 2006- Left the United States voluntarily and surrendered I-94 at departure.
I understand that, unlawful presence is not accrued until the adjudication of a pending benefit application as long as the applications were filed in a timely and un-frivolous manner. I applied for both; the I-539 EOS and I-765 EAD on December 30, 2004. My appeal to reconsider the I-539 denial was denied on May 16, 2005. The EAD was denied on basis of the denied I-539 application on June 16, 2005.
Therefore, I started accruing unlawful presence on June 16, 2005. At this time Naseer and I were in a serious committed relationship and intended to marry after he had met my family in India. So on June 5, 2006, less than a year after my last decision from the CIS, I left the United States to return to India.
Naseer visited my parents and family in December 2006, and we married with their blessings in Goa, India on December 13, 2006. On April 26, 2008 our son Zohaib Ali Zia was born in Goa, India and has recently received his U.S. Passport.
I wish to join my husband in the United States with my son upon approval of a K3-Spouse visa. I am deeply sorry for my unlawful presence and hope that it will not prevent me and my son of living a normal family life with my husband in the United States. I believe that my strong educational background will help to contribute to the American economy and become a noble law abiding citizen.
Sincerely,
Zia 80