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  • I-94 question

    Hello, everyone. I'm new to this board but I've been reading your discussions for a few days and am sure that some of you might be able to answer my question. Is it possible that the D/S on the I-94 prevents the holder from trigering the 10 year bar when trying to continue with AOS in the holder's country? Thank you for your response.

  • #2
    Hello, everyone. I'm new to this board but I've been reading your discussions for a few days and am sure that some of you might be able to answer my question. Is it possible that the D/S on the I-94 prevents the holder from trigering the 10 year bar when trying to continue with AOS in the holder's country? Thank you for your response.

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    • #3
      Thank you for a quick answer. I'm still a little confused. I don't think there was any sponsorship - and if there was, what would it be? Cannot adjust in the US, spouse is only LPR. Overstayed more than a year, but the lawyer sais that this would be the only way.

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      • #4
        Thank you. It was a J1. Not a subject to the 2 year of living back home, no goverment funding (Au-pair program).

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        • #5
          We talked about it. The lawyer sais that it is not necessary, no 10 year ban. It just sounds too good to be true. In this case, it would be very hard to file a hardhip waiver, there really aren't any, except breaking up the family and some cultural and minor financial issues. I guess nowadays that is not enough. So - who would have been the sponsor in this type of visa?

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          • #6
            d/s stands for duration of status, or your stay was authorised as long as you have status that was the reason for entry (au-pair, student...). However, it has been said (and written) that people with d/s do NOT start to accumulate an overstay time towards the bar unless they've been found in violation of their status (stop taking classes, not longer work as au-pair) by immigration authority. That's what your lawyer ws talking about.
            BUT ... sometimes it comes down to the consular's understanding and interpretation of this provision. So, you may or may not be told that you have a ban and instructed to file a waiver.

            What you can do is to find laws, examples and possible IJ decisions in similar cases... and be prepared when the time comes.

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            • #7
              Wow all this is quite interresting - sounds almost like playing the Russian rullette. I wonder if there is a way to find out what the au pair agency did...

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