The Unlawful Presence in the U.S. for 180 Days or One Year

Dr. William:

Please explain the three-year bar or ten-year bar requirements for a F-1 student, if I can not keep my student status, due to the graduation and can not find job in time to change to H-1B status. Thanks. 


Answer:

The F or J aliens are subject to the three-year or ten-year bar, only if they fail to maintain nonimmigrant status AND the immigration official or immigration judge determines that the alien is out of status. 

Once the alien is subject to the three-year bar or ten-year bar, because of their unlawful presence in the U.S. for 180 days or one year, the alien will not be able to return to the U.S. for three years or ten years once the alien leaves the U.S. The U.S. visa posts will also deny H-1B visa application.

 

 

 

 

     

 

 

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