Asked in Immigration Law

Q: Would I acquire unlawful presence?

I went to the US on an F1 visa in August, 2015. My I-20 expired on May, 2018. I returned to India on November, 2019. I still have two courses to graduate. The University granted me admission and I would like to apply for a student visa for Spring intake. Would there be a problem with the visa process?

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1 Lawyer Answer
Yohan Zingile
Yohan Zingile
  • Immigration Law Lawyer
  • Bradenton, FL

A: You may face issue of inadmissibility if you applies for a visa. If you remained more than 180 days without authorization you may face 3 year bar. If you remained less than 180 days, they may or may not take into consideration this unlawful stay. Depending on on the circumstances of your case they may grant you or deny you the visa.

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