OPT ended Feb 2020. Left USA in September 2020 after 150 days of SEVIS completed due to covid restrictions and expensive flight

Question

I found that From 2020, international students do not begin accruing unlawful presence until an immigration judge finds a status violation in an immigration proceeding, or an immigration officer finds a violation of status in the course of an application for an immigration benefit.

But I found a contradictory regulation here http://hrlibrary.umn.edu/immigrationlaw/chapter8.html, I found that: "Violators of F-1 status are inadmissible until they have been outside the U.S. for a continuous period of 5 years after the date of violation". INA § 212(a)(6)(D),(E),(G). And also on the same chapter, "Now, a non-citizen who has been unlawfully present in the U.S. for a period of more than 180 days but less than one year and voluntarily leaves before removal proceedings are initiated is inadmissible for three years. INA § 212(a)(9)(B)(i)(I)."

My question is, will I be considered as F1 violator since I overstayed? ? Or since I left voluntarily before 180 days, and with the unlawful presence memo of 2009, I haven't actually accrued any unlawful presence? And do I need to mention it while answering Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?? in DS160 for masters later. If so, how should I explain? Or just say No.

Answer 1

will I be considered as F1 violator since I overstayed?

No. Student visa abuser specifically refers to people who enter the US to study at a private school and then switches to public K-12 school. See 9 FAM 302.9-9

Or since I left voluntarily before 180 days, and with the unlawful presence memo of 2009, I haven't actually accrued any unlawful presence?

You have not accrued any unlawful presence. This would have been true even if you had stayed in the US for years after the end of your program.

And do I need to mention it while answering Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

You need to answer Yes, because you violated the terms of your F1 status by staying past the end of the grace period, without applying for a change of status.