Will I be barred from entering U.S. if I leave?


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Hi, I have a question about my F-1 status. I got my F-1 in 2009 and have been enrolled in school part time. But I have also been working as a 1099 worker in 2010 for a company outside the campus. I've read elsewhere that because my I-94 says "D/S", I don't accrue overstay until it's determined by a judge. But I've also read that if I have been out of status for 180 days or more, the unlawful presence starts to accrue and I can't enter the U.S. for 3 or 10 years if I leave. Which one is correct? Also, my wife has a green card, can I get green card through her inside U.S.? Thanks a lot!

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If you violated the terms of your F-1 visa by working illegally without the requisite employment authorization and/or your have been out of status, then you could face an entry ban if you leave and try to return to the U.S. (and could even face the possibility of deportation).  You need to consult with a qualified, experienced immigration attorney explaining fully your history and situation to determine and assess the impacts and your options.  Your wife having a permanent residency visa  (green card) may afford some additional options.

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The ban applies if a person has been overstaying 180 days or more, not being out of status.


JoeF - Does it mean that if I were to leave the country and apply for green card, i won't be banned from entering even though i've been out of status for more than a year? thanks a lot!

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