Dilemna. Student seeking help

K

korsibor

Registered Users (C)
I have filed I-130 and been approved, however, I came here on F-1. Now, does this cancel my F-1 status? I'm planning on going home due to a family emergency. Can I re-enter with an F-1 visa? I didn't register for classes this semester due thinking I'll be able to go home. 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. I am stuck. :(
 
Your non-attendence should have been reported. You have a problems with your Sevis being terminated; you cannot reenter on F1 because you no longer are a qualified student.
 
Concerned4us said:
Your non-attendence should have been reported. You have a problems with your Sevis being terminated; you cannot reenter on F1 because you no longer are a qualified student.
Click to expand...


My non-attendance should been reported by who? this is the first time I have not registered for classes so what r you talking about? School just started about two weeks ago.
 
korsibor said:
My non-attendance should been reported by who? this is the first time I have not registered for classes so what r you talking about? School just started about two weeks ago.
Click to expand...

The school is required by USCIS to report your attendance status. If you are not enrolled, I guess you'll no longer retain your F1 status. Once your F1 status is no longer valid, you are out of status even though your dad filed I130 for you because your dad is a PR. If this is all true, when you get out of the country, you may be barred from entry again because you have resided in the US illegally (out of status).
 
korsibor said:
My non-attendance should been reported by who?
Click to expand...
By the person in charge of F1s in your school.
this is the first time I have not registered for classes so what r you talking about?
Click to expand...
They don't wait for the 2nd time to report you. They report you the 1st time you miss to register full time.
School just started about two weeks ago.
Click to expand...
You said registration is over! You may want to try reinstating your F1 before it's too late.
 
Last edited by a moderator:
This very complicated. I lost a family member and I need to home. Even if I go to school it will be a very difficult time for me. Can't I apply for an advance parole? I want to do the right thing, on the other hand I don't want to waste my three years of education here.
 
korsibor said:
This very complicated. I lost a family member and I need to home. Even if I go to school it will be a very difficult time for me. Can't I apply for an advance parole? I want to do the right thing, on the other hand I don't want to waste my three years of education here.
Click to expand...

You can go home or stay..is your choice. If you decided to stay, you better act quick to get your F1 status back by going back to school befor it's too late.

If you decided to go home, you'll not able to come back. Here's why, you were out of status in the US and have resided illegally because you no longer retain your F1. You will be barred from entering the US again until 3, 5 or 10 yrs have elapsed..(not sure how many days you were out of status). Even if the USCIS dosn't know you were out of status, but your dad already file the I130 for you. You'll not able to use your F1 status to re-enter the US again because you already have immigrate intend.

You lost a family member and it's a difficult time for you but the USCIS doesn't give a damn thing about it. It's all about how you choose.
 
bestpal said:
If you decided to go home, you'll not able to come back. Here's why, you were out of status in the US and have resided illegally because you no longer retain your F1. You will be barred from entering the US again until 3, 5 or 10 yrs have elapsed..(not sure how many days you were out of status).
Click to expand...

This is rubbish.

He's out of status, but never illegally present, and there's no way the 3/10 year bars can be applied. The 5-year bar is not applicable since he hasn't been put into expedited removal.
 
TheRealCanadian said:
This is rubbish.

He's out of status, but never illegally present, and there's no way the 3/10 year bars can be applied. The 5-year bar is not applicable since he hasn't been put into expedited removal.
Click to expand...

Take a look at this link: (an immigration lawyer's blog)
http://roger-immigrationblog.blogspot.com/2008/01/what-is-illegal-alien-essay.html

"A foreign student goes out of status and becomes “illegal” when he or she drops below 12 credit hours a semester."

"For some categories of visa, that I-94 period of stay is not tied to a certain date, but is limited to persons who maintain the conditions of their permitted entry, such as students." quoted from the link above.

once you are out of status, your stay is deemed as "illegal" becasue you no longer retain your original status (F1 as a foreign student.)
 
Last edited by a moderator:
bestpal said:
once you are out of status, your stay is deemed as "illegal" becasue you no longer retain your original status (F1 as a foreign student.)
Click to expand...

My point about the bars stands. The only way to get a 5-year bar is to get put into expedited removal.

The only way to get a 3/10-year bar is to be illegally present for 180 or 365 days, and with a D/S I-94 the illegal presence clock doesn't start until USCIS formally determines he is out of status. Note that your blog entry doesn't mention the term "illegal presence" which is key to the 3/10-year bars, and the only way to get them. Even if USCIS finds him out of status as of a certain date, the bars won't kick in for several months.

I do agree that coming back to the US will be problematic, due to the I-130.
 
bestpal said:
I believe the minute he is out of status, his stay does accured illegal presence. Or I should say this, the minute the school reported his status to USCIS. His stay will be illegal.
Click to expand...

Nope. You cannot accumulate illegal presence with a D/S I-94 until USCIS formally determines you are out of status.
 
TheRealCanadian said:
Nope. You cannot accumulate illegal presence with a D/S I-94 until USCIS formally determines you are out of status.
Click to expand...

F1 visa is based on status. expiration date on I-94 does not apply. The minute you get reported to USCIS of your status, you are out of status and accumulate illegal presence.
 
bestpal said:
F1 visa is based on status. expiration date on I-94 does not apply. The minute you get reported to USCIS of your status, you are out of status and accumulate illegal presence.
Click to expand...

How is that different from what I said? The only difference is that only USCIS can determine when one is out of status; the school has no standing under immigration law.

Point remains - the OP is NOT subject to the 3, 5 or 10 year bars. End of story.
 
You must log in or register to reply here.
Top