ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: I-94 question

  1. #1
    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. #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.

  3. #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.

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

  5. #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?

  6. #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.

  7. #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...

Similar Threads

  1. Immigration Law Question: I-130 URGENT - Interesting Case question - Weight in
    By Jean Riccardo Rodney in forum Immigration Discussion
    Replies: 14
    Last Post: 05-23-2012, 10:17 PM
  2. Immigration Law Question: I-130 Part D. 2 question
    By Billyk in forum Immigration Discussion
    Replies: 0
    Last Post: 05-15-2012, 09:53 PM
  3. Immigration Law Question: IRS Tax question on Sponsor
    By newday2008 in forum Immigration Discussion
    Replies: 2
    Last Post: 04-10-2012, 03:23 AM
  4. Immigration Law Question: H1-B related question: H1-B about to be filed
    By recentgrad123 in forum Immigration Discussion
    Replies: 5
    Last Post: 03-13-2012, 05:04 PM
  5. Immigration Law Question: K-1 sticker in your passport?? question
    By Momof2 in forum Immigration Discussion
    Replies: 7
    Last Post: 02-01-2012, 05:37 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: