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Question regarding a hypothetical case

K

kelly the girl

New Member
Hello everyone.

Could you please help me with the following hypothetical case, thank you.

  • Sarah lives in the US on a F1 visa
  • the F1 visa is valid for one year and expires (in the passport)
  • Sarah remains her legal status in the US with a valid I20 - she continues her education and gets a new I20 every year
  • Because life is expensive in the US and Sarah has to pay tuition and other bills, she starts working on the side (illegal employment) and uses her SSN to pay taxes at the end of the year. Sarah knows that she violates the law by doing that.
  • Sarah participates in the DV2015 and is selected
  • Sarah is wonderin now what she should do - AOS or CP or does Sarah at all qualify to get a GC through the DV programm because of the work history?
 
kelly the girl said:
Hello everyone.

Could you please help me with the following hypothetical case, thank you.

  • Sarah lives in the US on a F1 visa
  • the F1 visa is valid for one year and expires (in the passport)
  • Sarah remains her legal status in the US with a valid I20 - she continues her education and gets a new I20 every year
  • Because life is expensive in the US and Sarah has to pay tuition and other bills, she starts working on the side (illegal employment) and uses her SSN to pay taxes at the end of the year. Sarah knows that she violates the law by doing that.
  • Sarah participates in the DV2015 and is selected
  • Sarah is wonderin now what she should do - AOS or CP or does Sarah at all qualify to get a GC through the DV programm because of the work history?
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Well if "Sarah" were my friend (hypothetically of course), I would tell her to stay away from AoS. Sarah (hypothetically) did a very silly thing by working illegally - it is like sending the US government an email saying "please note I am breaking the law". Mom would know better but I imagine part of AoS would be a taxes paid check on the SSN.

If Sarah does CP she will probably get approved and probably be ok.
 
I've seen people mention getting denied on AOS for having worked illegally while on F1. This "hypothetical" situation seems to happen quite often. Paying taxes doesn't make it less illegal. It is violating the terms of your visa...and violating other visa conditions is one of the things that gets a denial for DV.
I wouldn't be so sure that CP wouldn't pick it up either...as things get easier to track the more everything gets computerized.
 
Well, I would love to voice my opinion but since Sarah's case is a hypothetical case, I think my time is better spent helping people with real cases.
 
Honestly .. What's the point playing games? No one here has any clue who you are. Why bother with "hypothetical" cases? It's not like anyone here is knowingly going to bump into you IRL and glare at you, or anything.
 
SusieQQQ said:
Honestly .. What's the point playing games? No one here has any clue who you are. Why bother with "hypothetical" cases? It's not like anyone here is knowingly going to bump into you IRL and glare at you, or anything.
Click to expand...

What I find is odd is that she is coy with a bunch of strangers who cannot do anything to deny her a visa, but she sends absolute proof to the US government of her breaking the law in the form aof a tax return.
 
well I was thinking if you post something online with the whole NSA stuff etc... going on... my mistake I guess. so the case is not hypothetical it's real and it's me. please advice.
 
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Because the NSA will go to great lengths to snoop on Internet forums yet take everything people say on them at face value. Especially detailed hypothetical questions.
Anyway yeah mom will have the best answer, when she comes back.
 
Okay now that we've established that Kelly is Sarah, we can move on with this case. :rolleyes:

For starters by violating the terms of your F1 visa, you've technically gone out of status and therefore cannot process AOS. AOS is a privilege reserved for those in legal status, with the exception of a few cases. The next thing we need to determine is wether or not you've started accruing an illegal presence since going out of status. What is the expiry date on your I-94? Does it have a specific date or does it show D/S??
 
thank you very much for your answer mom. No, I did not list it, actually I didn't fill out the DS260 form yet. Since my cn# is 26xxx I wanted first to check what to do before filing the form. I am afraid that since I am not from a vwp country that if they reject me in CP I will never again be able to come back?!
what do I say if at the embassy they ask me how did I pay for all the bills the past few years etc... but maybe they won't ask :)
 
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one more thing that crossed my mind: since my F1 visa was valid for 1 year (the one in the passport) and after that I extended it and still extend it by obtaining a new i20, do I have an overstay because I didn't leave the country after my f1 visa in the passport expired or is there no overstay at all?
 
kelly the girl said:
thank you very much for your answer mom. No, I did not list it, actually I didn't fill out the DS260 form yet. Since my cn# is 26xxx I wanted first to check what to do before filing the form. I am afraid that since I am not from a vwp country that if they reject me in CP I will never again be able to come back?!
what do I say if at the embassy they ask me how did I pay for all the bills the past few years etc... but maybe they won't ask :)
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If your DV petition is denied and your F1 visa hasn't expired (not sure what the expiry date on the visa itself is) and isn't cancelled at the time of the interview you will be able to use it to re-enter. As per how you've been paying your bills, I'm not aware they ask about that, however when you originally applied for the F1 visa you must have told them how you intended to fund your education. The visa wouldn't have been issued if you didn't have a satisfactory means of showing financial stability.
 
kelly the girl said:
one more thing that crossed my mind: since my F1 visa was valid for 1 year (the one in the passport) and after that I extended it and still extend it by obtaining a new i20, do I have an overstay because I didn't leave the country after my f1 visa in the passport expired or is there no overstay at all?
Click to expand...

Didn't see this before my last post, so I'm assuming the original F1 visa has expired. The actual visa was really supposed to enable you to enter the U.S. You technically haven't been renewing/extending the actual visa, what you've been doing is trying to maintain status and that's the way it works. So even though the actual visa has expired, there has been no overstay because you where admitted into the U.S. for the 'duration of your stay' which is what D/S stands for. You will only begin to accrue illegal presence if a deportation order is issued against you.
 
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