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Subject: Re: can he go back to states? Posted on: Sun, 11 Mar 2007 06:33:25 +0000


> I didnt know which forum it belonged to but posting it here
> nevertheless.
>
> How can a person check to see whether or not he is barred from
> entering USA.. My cousin overstayed his student visa, but then he
> left the country volunterily in 2002 and moved to Canada. He went
> through proper procedure when he was leaving and was not deported or
> arrested. However, an year later he was sent a notice to appear
> letter from the judge in states which he couldnt attend due to
> personal problem. Now he is a canadian citizen but he doesnt know
> what would happen if he tries to go back. Is there anyway he can
> check before he tries to cross the border?
>
> I would appreciate all your replies and inputs.

People on student visas are usually admitted for "d/s" -- duration of
status. That generally means that you do not start the unlawful
presence/overstay clock until a judge says you do -- even if you drop
out of school, etc. Worth a consult with a US immigration attorney to
review his circumstances?

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