> Illegal for a year.... Then slim chance....
> They wouldn't let someone in on a temporary visa knowing they had
> allready stayed illegally previously....
> From what I understand there is usually an automatic ban on
> overstay... Up to 1 y is a 3 yr ban and over 1 yr is up to a 10yr ban
> or more depending on the severity of the case....
> You need an immigration lawyer.....
She doesn't have a ban, but she shouldn't bother trying for another visa
for a few years anyway.
The 10 year bar for F-1 aliens is tricky. Unless the F-1 is found to be
out of status by an immigration judge, or is denied a change of status
then the 3 and 10 year bar doesn't kick in. This happens because the
alien isn't admitted until a specific date.
The officer told this person that signing the I-275 would prevent them
from being barred. They weren't speaking of the 3/10 year bar that
comes with 212(a)(9)(B)(i)(II) INA becuase it doesn't apply here. They
were speaking of the 5 year bar that comes with an order of expedited
removal. They could have ordered her removed for five years for seeking
admission as an F-1 when she wasn't coming as a student. They allowed
her to do an I-275 instead. She was smart to do the I-275 because they
had more than enough to hit her with an expedited removal order.
Even though she doesn't have a mandatory bar, she might as well forget
about studying in the United States again. Save money and skip the
immigration lawyer. I'd only recommend lawyers for those who are trying
to stay in the US, or navigate a difficult immigrant visa. The lawyer
isn't even allowed in the consulate or at the border, so it wouldn't
help much.
She violated the terms of her nonimmigrant status for more than a year,
she was probably working, and then attempted to enter with her F-1 to
NOT study some more. The consulate would laugh her out of the building
if she asked for another one visa. The I-275 notifies the consulate so
they would already be aware of what happened.