F2 visa question

[sibby]

hi,

I am an F2 visa holder and completed some college in the US. I am right now 23 years of age. I am illegal because I have aged out of my visa and I violated my visa by attending college to seek a degree as an F2.

My question is I want to know if there is any way I can find out for certain if I will be banned for ten years from reentering the US legally if I left now.

Any stories, articles, resources, etc. that might help would be appreciated.

Thanks alot!

[losguerra]

Hi! The people on this forum are great and will try very hard to help get you to the resources you're looking for. A few questions though...

1) What is the status of the F-1 holder? Are they still in status?
2) On what date did your status expire?
3) Do you have a US citizen spouse or fiance?

[sibby]

let's assume the F1 holder is no longer in status

my status expired when i started college, 2003

no spouse or fiance

thanks for the help!

[laborvisalaw]

Section 212(a)(9)(B) provides that any person who is out of status between six months and one year, and then leaves the U.S., is barred from returning to the U.S. for 3 years. If a person has been out of status in the U.S. for more than one year, and then departs the U.S., he is barred from returning for 10 years.

In your case, you have been out of status for several years (since 2003 or so). Therefore, and unfortunately, if you depart the U.S. for your brief vacation, you will be subject to the 10 year bar.