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-   -   International Student with a F1 visa took a semester off and overstayed on b1/b2 (https://www.askmehelpdesk.com/showthread.php?t=486335)

  • Jul 7, 2010, 08:56 PM
    singhb
    International Student with a F1 visa took a semester off and overstayed on b1/b2
    I am an international student. I was suspended for a semester so I decided to get back into the us in fall of 09 on a b1/b2 visa which expired on march 31 2010.

    For some reason my university didn't change my status to F1 when I was taking classes in the spring 10 semester which clashed with my b1/b2 visa since I entered in September.

    My advisor tells me I have to leave the country and get a new f1 stamp but I read the altercations of overstaying and the whole 3 and 10 year bar for overstaying. Could anyone tell me that if I was taking classes during the overstay period and wasn't aware of my overstay and illegal status, is there a way out without getting into trouble.

    I have transcripts stating me taking classes during that period.
  • Aug 25, 2010, 07:17 AM
    NYcityboy

    From your information, the CIS could determine that you attended school without CIS authorization, a violation of your B visa entry. Even if the school was to file the COS, you are still responsible.

    Difficult to get a nunc pro tunc. Consult with an experienced immigration attorney.

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