Unlawful Presence and Overstay Can't Enter the USA for 2 Years

I am, Andrey Belobrov, writing you to ask for assistance in receiving an US F-1 Student visa. In the summer 2010 I got my first F-1 visa and studied in Houston,Tx for 1 year. I finished language school and transferred to the college.I got back home, renewed my F-1 visa and went back to Houston to continue studying. In 2,5 years I got married on the Kazakhstan citizen in May 2014. I was done with my Associate degree for the credits to be transferred to the University and decided to visit my family and meet my wife's family in Kazakhstan. I made a transfer to North American University and got new I20. I’m sorry, I wasn't acknowledged how to do it correctly and was advised to hire a lawer. I hired a lawyer to transfer on F-2 visa, so I can leave the USA and come back on any time.Unfortunately the lawyer did not know the process and just took my I20 and wife's I20 and sent them to Immigration Department on the 6th of June 2014. I wasn't studying at that moment and my I20 was terminated on the last day of classes which is May 14 2014. Lawyer told me that I was fine, and can stay in the US while waiting for the answer and be with my wife.On the September 22nd 2014 I got a letter from USCIS requesting of an extra information which is Dependent I20.We went to the my wife’s college and we couldn't get it because school was asking me to leave the country to issue it.The lawyer assured me that she will write a letter to the USCIS and ask for extra time. On November 28, 2014 I got denied my Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EAC1490232761. It took me a month to finish my business in Houston, such as; transfer all paperwork on my wife’s name, sell my car, buy airplane ticket and etc. On 29th of December I flew back in Kazakhstan and left the USA. On the 29th of April I went on to the embassy to apply for F-1 visa to continue my education in the University, and it was denied stated on the sec. 212a9B I have unfinished bachelor degree and wife abroad who is in good standing in the US college and continues her studies. Please feel free to ask for any extra information and documentation.

I asked USCIS in Moscow and thats what they told me "Determinations about visa issuance are entirely the responsibility of the Department of State and the local Embassy. USCIS does not play any direct role in this process.

The following information regarding the accrual of unlawful presence is from the Foreign Affairs Manual, which is the operational guidance Consular Officials are expected to follow. 9FAM40.92 section (d) states:

For persons who have been admitted for duration of status (DOS) (as is usually the case with aliens in A, G, F, J, and I visa status), unlawful presence will not accrue unless an immigration officer, IJ, or the BIA finds a status violation in the context of a request for an immigration benefit or a deportation proceeding in removal proceedings. A violation of status in the United States is not, in itself, sufficient for an INA 212(a)(9)(B) finding, unless the alien entered without having been inspected and admitted or stayed beyond the Form I-94 specified date. Otherwise, only a finding of violation of status by the DHS, IJ, or the BIA can cause a period of "unlawful presence" to begin.


Could you explain me what can I do in this situation?

Unlawful Presence and Overstay Can't Enter the USA for 2 Years