I am an italian national and I am leaving the US. My goal is to re-enter the US to re-unite with my USC spouse through consular processing. I want to know for sure if the consulate in Italy will slap me with a 10 years ban, based on the facts explained below.

Here are my facts:

- In 1998 lawfully admitted in US with "duration of status" (F-1 VISA)
- In 1999 out of status (dropped out of school one semester)
- In 2012 NTA served. Charge is "violated VISA terms" in 1999
- In 2015 IJ grants me post-consclusion Voluntary Departure. Appealed his decision to close case to BIA, BIA dismissed appeal and re-instated VD in May 2015. (Planning on leaving timely, unless told otherwise)


Questions:
1) Once I go to my consular interview to re-unite with my USC wife (I-130 approved), will they tell me that I have a 10 years ban or not?
2) Do consular officers follow the same rules and manuals to adjudicate VISAs and green cards?


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Taken today from the current uscis.gov web-site:

40.9 Section 212(a)(9) of the Act - Aliens Unlawfully Present after

Previous Immigration Violations [Chapter 40.9 added May 6,

2009]

(b) Determining When an Alien Accrues Unlawful Presence

(E) Lawful Nonimmigrants

(ii) Nonimmigrants Admitted for Duration of Status (D/S)

If USCIS finds a nonimmigrant status violation while adjudicating a request for an

immigration benefit, unlawful presence will begin to accrue on the day after the

request is denied. If an immigration judge makes a determination of

nonimmigrant status violation in exclusion, deportation, or removal proceedings,

unlawful presence begins to accrue the day after the immigration judge’s order.

It must be emphasized that the accrual of unlawful presence neither begins on

the date that a status violation occurs, nor on the day on which removal

proceedings are initiated. See 8 CFR 239.3 .

8 CFR 239.3 says, “The filing of a notice to appear shall have no effect in

determining periods of unlawful presence for purposes of the 10 year bar.”

If the alien is not accruing unlawful presence when removal proceedings begin,

the alien will continue to be protected from the accrual of unlawful presence until

the immigration judge determines that the individual has violated his or her

status, or until Form I-94 , Arrival/Departure Record expires, whichever is earlier

(and regardless of whether the decision is subsequently appealed).

Example 3:  

An alien, admitted as a nonimmigrant for duration of status, is placed in removal

proceedings. The alien does not accrue unlawful presence while the proceedings

are pending. If the immigration judge rules in the alien’s favor on the removal charge,

no unlawful presence applies to the alien. If the immigration judge sustains the

removal charge, unlawful presence begins to accrue the day after the immigration

judge’s decision becomes administratively final.

Are you Italian national or Nigerian, the reason why,Nigeria is considered high risk fraud country Italy is not.
Ask your wife to marry you and bring you over
Ask your wife to bring you as a fiance
My friend under almost similar circumstances was.given athree year ban