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I did a "search" on the unlawful presence... and here is a portion of an article I found in murthy.com:
INS General Counsel Issues "List of Resolved Issues" to AILA
Posted Jan 29, 2000
As some of you may be aware based on earlier issues of the Immigration Law Bulletin of the Law Office of Sheela Murthy, there have been some very successful liaison meetings between the INS General Counsel and attorneys representing the American Immigration Lawyers Association (AILA). Based on the liaison meetings, INS General Counsel Bo Cooper wrote a letter on December 10,1999, confirming the common understanding as to certain legal issues. Many of these issues had been negotiated by AILA and had been the subject of controversy and confusion between the INS and attorneys who represent immigrants and their employers.
Mr. Cooper pointed out that these understandings are merely legal interpretations, rather than regulations and hence do not have the force of law. Therefore, they could be subject to change. Still, they reflect the current understanding of what the law means.
The first five items relate to the 3-year and 10-year bars under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 or IIRAIRA. As many of you are aware, the 3- and 10- year bars operate against a person who is "unlawfully present" (a term specially defined by the INS, which includes at least those who have overstayed the expiration date on their I-94, or entered without inspection) for certain time periods. The time periods for the bars to apply when the person has been unlawfully present are at least 180 days (for the 3-year bar) or one year (for the ten-year bar). A person who is unlawfully present for the 180 days or 1 year, as the case may be, and then leaves the U.S. voluntarily, will be barred from re-entering for the next 3 or 10 years.
1) If a person's I-94 card indicates "D/S" (duration of status), which is common for persons in F-1, F-2, J-1 or J-2 status, the person does not accrue "unlawful presence" which would render such a person subject to the 3-year or 10-year bar. Such unlawful presence time would apply if the person receives a removal order from an immigration judge or if the INS makes a finding, usually in connection with a denial of an extension of stay or change of status, that the person is out of status.
marmaduk
Thanks for you generous suggestions. What is FOIA? According to the above paragraphs, if the USCIS finds something on me, they would let me know about it. Again, I am in "lawful status", but there was a period of "unlaful status" in the past. I think when I get on the AOS track, the USCIS will make their mind up about what to do. So far.... I have no idea what the penalty would be for someone who have overstayed 180 days with "D/S" on their I94? I definetly know that indicidual is not subject to 3/10 yrs bar, because they are above the 180 days rule.
I did a "search" on the unlawful presence... and here is a portion of an article I found in murthy.com:
INS General Counsel Issues "List of Resolved Issues" to AILA
Posted Jan 29, 2000
As some of you may be aware based on earlier issues of the Immigration Law Bulletin of the Law Office of Sheela Murthy, there have been some very successful liaison meetings between the INS General Counsel and attorneys representing the American Immigration Lawyers Association (AILA). Based on the liaison meetings, INS General Counsel Bo Cooper wrote a letter on December 10,1999, confirming the common understanding as to certain legal issues. Many of these issues had been negotiated by AILA and had been the subject of controversy and confusion between the INS and attorneys who represent immigrants and their employers.
Mr. Cooper pointed out that these understandings are merely legal interpretations, rather than regulations and hence do not have the force of law. Therefore, they could be subject to change. Still, they reflect the current understanding of what the law means.
The first five items relate to the 3-year and 10-year bars under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 or IIRAIRA. As many of you are aware, the 3- and 10- year bars operate against a person who is "unlawfully present" (a term specially defined by the INS, which includes at least those who have overstayed the expiration date on their I-94, or entered without inspection) for certain time periods. The time periods for the bars to apply when the person has been unlawfully present are at least 180 days (for the 3-year bar) or one year (for the ten-year bar). A person who is unlawfully present for the 180 days or 1 year, as the case may be, and then leaves the U.S. voluntarily, will be barred from re-entering for the next 3 or 10 years.
1) If a person's I-94 card indicates "D/S" (duration of status), which is common for persons in F-1, F-2, J-1 or J-2 status, the person does not accrue "unlawful presence" which would render such a person subject to the 3-year or 10-year bar. Such unlawful presence time would apply if the person receives a removal order from an immigration judge or if the INS makes a finding, usually in connection with a denial of an extension of stay or change of status, that the person is out of status.
marmaduk
Thanks for you generous suggestions. What is FOIA? According to the above paragraphs, if the USCIS finds something on me, they would let me know about it. Again, I am in "lawful status", but there was a period of "unlaful status" in the past. I think when I get on the AOS track, the USCIS will make their mind up about what to do. So far.... I have no idea what the penalty would be for someone who have overstayed 180 days with "D/S" on their I94? I definetly know that indicidual is not subject to 3/10 yrs bar, because they are above the 180 days rule.
). I also do think that the "less than 180 days" overstay is a language of section 245, according to other immigration sources too.
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