Dilemna. Student seeking help

Chances are you school has reported you, USCIS has determined you are here illegally, thus, you have started accruing your illegal days. If USCIS hasn't done so today, sooner or later they will. You are safer thinking about it this way than thinking...USCIS hasn't determined yet that you are illegally here.

If i were you, I would start working on reinstating F1 before it's too late. You have only a certain time period to do so, after which this option will not apply.
 
If her registers for school and leaves for a period of time, he will likely fail all classes for nonattendence. If he is enrolled at a school where non-attendence of classes is reported, he will also be referred to the international office; when he cannot be located, his SEVIS may be terminated as well. Failure in classes will result in dismissal at most schools. This will also terminate SEVIS and will create future enrollment problems. (Universities are getting very strict because some of the 9/11 terrorists had student visas. When a student "disappears", there is a problem.)

You are between a rock and a hard place with no way out if you intend to go to your home country.
 
There's a very easy solution if the international student center
didn't take you off the SEVIS and the adjustment period is not
over yet in your school.

Take a leave of absence and make them stamp your I-20. So
you can come back next semester.
 
fff_666 said:
There's a very easy solution if the international student center
didn't take you off the SEVIS and the adjustment period is not
over yet in your school.

Take a leave of absence and make them stamp your I-20. So
you can come back next semester.
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But the problem is his dad already file I130 for him and was approved. Even he could get the stamp, he still will have issues when coming back because of an already approved immigration intend which will make his F1 visa invalid.
 
I spoke to the person in charge of international student issues. He says he already took me out of the SEVIS and is not sure if my visa is valid since I applied for I-130. He's asking me to contact an immigration lawyer. Now, it's clear that once I leave the country, I cannot come back in, so how to I stay here legally until this is resolved. This man has been out of his office for three days and there's nobody to assist me. It's ridiculous! They're all telling me to wait for him.
 
korsibor said:
He says he already took me out of the SEVIS and is not sure if my visa is valid since I applied for I-130.
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The visa is probably technically valid until USCIS notifies you that you are out of status, but since you have the I-130 it is practically useless, if still valid.

He's asking me to contact an immigration lawyer. Now, it's clear that once I leave the country, I cannot come back in, so how to I stay here legally until this is resolved.
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The only way to stay legally is to get reinstated by the school, and return to class.
 
korsibor said:
I have filed I-130 and been approved
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You mean your father filed. If you are (were) under 21, he could (should) have filed I-485 and I-131 (advanced parole) concurrently. Were you under 21? Did he file concurrently?
I came here on F-1. Now, does this cancel my F-1 status?
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Yes
I'm planning on going home due to a family emergency.
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Just a nit: you didn't register 2 WEEKS AGO because you need to go home for an emergency. You haven't left yet. How urgent is this emergency?
Can I re-enter with an F-1 visa?
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Your F-1 expired the day that the receipt of the I-130 was acknowledged (NOA).
I didn't register for classes this semester due thinking I'll be able to go home.
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You should have asked all of these questions before you took that decision.
If not, then what do I have to do? I can't go back to school because registeration is over and I can't leave the country because I won't be allowed back to continue school.
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You can easily leave the country, you simply won't be allowed back in:
  • Your F-1 is no longer valid
  • The filed/approved I-130 shows immigration intent, so you won't be allowed in without Advanced Parole
  • Any type of visitor's visa (or visa waiver) will be refused.
If you stay in the country you wil start to accrue "illegal stay" at any given point in time (see endless discussion above as to when exactly this period starts). If you were under 21 when the I-130 was filed, you are probably still OK. Otherwise you surely are between a rock and a hard place. Fortunately you have nobody to blame for this but yourself.

Wd
 
Yes, I am under 21 but my dad is not a citizen yet, he just holds a greencard. Can the I-485 be still be filed?
 
korsibor said:
Yes, I am under 21 but my dad is not a citizen yet, he just holds a greencard. Can the I-485 be still be filed?
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OK, I should have that question too.
No, if your father is "just" a GC holder, you are basically hosed. You will have to wait till a visa number becomes available for you, which is a multiple year thing, and you won't be able to wait in the US for that.

Currently in your category they are handling applications filed in June of 2004. So, it is probably before then that your dad can apply for citizenship and then ammend your application, which will speed the process from that point onwards.

Again: you will HAVE to leave the country. Not just because the family emergency, not just because you didn't register for classes, but mainly because your father filed I-130 for you.

Hindsight always being 20/20, it was a very bad move to file I-130 for you, while your father was still on GC. If he would have simply waited until he became citizen, (a) you could have stayed in the country as F-1 student, and (b) it would not have delayed your getting GC.

Your only option now will be - after you have handled your family emergency - to try to return to the US under some kind of work visa. But with your study interrupted and the current state of the economy....

It would be very ill-adviced to marry just to get a GC, but... if you do have a US-citizen girlfriend and are close to getting married anyway....


Wd
 
Well, I don't want to leave anymore. I'm so stressed :mad: So if my F-1 is void because of the I-130, then what am I if i'm no longer a foreign student? Say even if my I-20 was still valid.
 
korsibor said:
Well, I don't want to leave anymore. I'm so stressed :mad: So if my F-1 is void because of the I-130, then what am I if i'm no longer a foreign student? Say even if my I-20 was still valid.
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You are "out of status". You should consult a good immigration attorney ASAP.

Wd
 
Whaledad said:
If he would have simply waited until he became citizen, (a) you could have stayed in the country as F-1 student, and (b) it would not have delayed your getting GC.
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Huh? He'd be FB1 or FB3 instead of FB2, and still facing a wait for the priority date to become current. At least this way he has a priority date.
 
korsibor said:
So if my F-1 is void because of the I-130, then what am I if i'm no longer a foreign student? Say even if my I-20 was still valid.
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The mere act of having an I-130 does not violate F-1 status; it does preclude re-entry in said status, which is a different thing. Get yourself reinstated at school, but yes, see an attorney.
 
TheRealCanadian said:
Huh? He'd be FB1 or FB3 instead of FB2, and still facing a wait for the priority date to become current. At least this way he has a priority date.
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My bads:
(a) I meant he could have remained F1 until I-130 was filed;
(b) I forgot the realize that he most likely would be over 21 at that time and indeed still has to wait for priority date.

Rock and hard place indeed.

Wd
 
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OK, i was wrong there: if you keep your F1 student status secure, and never leave the country (or rather re-enter) you can stay in F1 status even when an I-130 is filed for you, until your visa number comes up.
 
can't believe we still have this thread this long. only two choice...go home or stay.
- go home: 90% of the chances that you will be barred entry or denied aother visa
- stay: either try to reinstall your F1 asap or stay here illegally until your dad become an USC but gotta be an USC before your priority day is up then can upgrade and file I-485, EAD and or advance parole the same time.
 
bestpal said:
can't believe we still have this thread this long. only two choice...go home or stay.
- go home: 90% of the chances that you will be barred entry or denied aother visa
- stay: either try to reinstall your F1 asap or stay here illegally until your dad become an USC but gotta be an USC before your priority day is up then can upgrade and file I-485, EAD and or advance parole the same time.
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What is that supposed to mean? I wonder how people like you are wired; So insensitive. I'm not here asking someone to decide for me if I should go home or not.
 
We are not telling you what you should do...just tryinig to give you some advice. I am just saying it..because all of these replies were simply advicing you to do the same thing. Sorry if you get upset with my previous post.
 
bestpal said:
- stay: either try to reinstall your F1 asap or stay here illegally until your dad become an USC but gotta be an USC before your priority day is up then can upgrade and file I-485, EAD and or advance parole the same time.
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and if he ages out, then what?
 
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