Then I guess he'll have to stay illegal in 6-7 more years. He already made few mistakes, not much he could do.
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Dilemna. Student seeking help
- Thread starter korsibor
- Start date
Then I guess he'll have to stay illegal in 6-7 more years. He already made few mistakes, not much he could do.
Jackolantern
Registered Users (C)
To the OP:
If you can't get reinstated at school, leave the US and have your father withdraw the I-130 (but don't officially withdraw enrollment from school itself, otherwise you may have to go through the entire admissions process again). With F-1, there is a 60-day grace period to leave the country once you stop studying, so I figure the few weeks you have spent not studying would be within that grace period and not held against you (but note that they probably start counting those days at the end of last semester, so you may already be 45-50 days into it).
Then when you are ready again, apply for another F-1* to continue studies at the same school or another school. If the interviewer says anything about the I-130, you can show that it has been canceled and say that you don't want it anymore.
And don't bother with another I-130 until you're done with school, because it will hurt your ability to travel with the F-1, and it won't help you to stay in the US unless you are under 21 and your father is a citizen. If you get an H1 visa after graduation, he can file the I-130 and it won't hurt your traveling. Or if you return to your home country after graduation, the I-130 can be processed while you wait in your country for consular processing.
*if a "leave of absence" can be granted with the I-20 so you don't have to get another F-1 after leaving the US, you could do that instead.
If you can't get reinstated at school, leave the US and have your father withdraw the I-130 (but don't officially withdraw enrollment from school itself, otherwise you may have to go through the entire admissions process again). With F-1, there is a 60-day grace period to leave the country once you stop studying, so I figure the few weeks you have spent not studying would be within that grace period and not held against you (but note that they probably start counting those days at the end of last semester, so you may already be 45-50 days into it).
Then when you are ready again, apply for another F-1* to continue studies at the same school or another school. If the interviewer says anything about the I-130, you can show that it has been canceled and say that you don't want it anymore.
And don't bother with another I-130 until you're done with school, because it will hurt your ability to travel with the F-1, and it won't help you to stay in the US unless you are under 21 and your father is a citizen. If you get an H1 visa after graduation, he can file the I-130 and it won't hurt your traveling. Or if you return to your home country after graduation, the I-130 can be processed while you wait in your country for consular processing.
*if a "leave of absence" can be granted with the I-20 so you don't have to get another F-1 after leaving the US, you could do that instead.
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To the OP:
If you can't get reinstated at school, leave the US and have your father withdraw the I-130 (but don't officially withdraw enrollment from school itself, otherwise you may have to go through the entire admissions process again). With F-1, there is a 60-day grace period to leave the country once you stop studying, so I figure the few weeks you have spent not studying would be within that grace period and not held against you (but note that they probably start counting those days at the end of last semester, so you may already be 45-50 days into it).
Then when you are ready again, apply for another F-1* to continue studies at the same school or another school. If the interviewer says anything about the I-130, you can show that it has been canceled and say that you don't want it anymore.
And don't bother with another I-130 until you're done with school, because it will hurt your ability to travel with the F-1, and it won't help you to stay in the US unless you are under 21 and your father is a citizen. If you get an H1 visa after graduation, he can file the I-130 and it won't hurt your traveling. Or if you return to your home country after graduation, the I-130 can be processed while you wait in your country for consular processing.
*if a "leave of absence" can be granted with the I-20 so you don't have to get another F-1 after leaving the US, you could do that instead.
I was allowed to register for classes. However, the international advisor won't help me reinstate because of the approved I-130. I'm confused. I'm a junior and have spent a lot of money chasing my future career. WIll all this go to waste? People need to be a bit sensitive when replying. I have not killed anyone or stolen anything.I've been law abiding since I came here and paid full tuition cost since i got here. In essence, I am not criminal. I only made a mistake due to ignorance.
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i-20
Listen carefully, All These things happened to me and bassed on my OWN experience: I-130 doesnt make your visa void, your visa is still valid, If your international student adviouser reported you at SAVIS, you can reinstate it by applying at uscis with valid reason, and if you want travel youi can do it but you have to get a new i-20 from the institution, if you want to apply for reinstatment they will issue a i-20 with reinstatment, and if you want to to travel they will isue a new i-20 with intial entery, or you can get a i-20 from your coice of institution, since its a firt time of yours so it there wili be a great chances thast you will be reinstatd( within 60 days) or if you want to trave you can get new i-20 and re-enter the country . and one thing there is a hell of diffrence between illeagal or out of status, you are illeagal when judge ordered for a deportation for you and bared when 6 month or one year peraiod end after the order date of deportation. Students dont fall n that catagory. but choice is yours.
Listen carefully, All These things happened to me and bassed on my OWN experience: I-130 doesnt make your visa void, your visa is still valid, If your international student adviouser reported you at SAVIS, you can reinstate it by applying at uscis with valid reason, and if you want travel youi can do it but you have to get a new i-20 from the institution, if you want to apply for reinstatment they will issue a i-20 with reinstatment, and if you want to to travel they will isue a new i-20 with intial entery, or you can get a i-20 from your coice of institution, since its a firt time of yours so it there wili be a great chances thast you will be reinstatd( within 60 days) or if you want to trave you can get new i-20 and re-enter the country . and one thing there is a hell of diffrence between illeagal or out of status, you are illeagal when judge ordered for a deportation for you and bared when 6 month or one year peraiod end after the order date of deportation. Students dont fall n that catagory. but choice is yours.
and one more thing you dont have to tell anyone that you have aproved i-130 petetion, and your internation adviouser dont have to do anything with that he is not immigration and dont have any autority to make a decesion if he says that then please report about him to your area uscis office concerened officer cuz most of the student adviouser dont know about there jobsand rules.
Jackolantern
Registered Users (C)
Have you been attending the classes you registered for this semester?I was allowed to register for classes.
We know that you made a mistake because you didn't understand the complicated immigration rules. What I was saying that even if you lose your F-1 status now, it is not the end of the world because you can leave the US and return with another F-1 if the I-130 is withdrawn, or possibly resume the existing F-1.However, the international advisor won't help me reinstate because of the approved I-130. I'm confused. I'm a junior and have spent a lot of money chasing my future career. WIll all this go to waste? People need to be a bit sensitive when replying. I have not killed anyone or stolen anything.I've been law abiding since I came here and paid full tuition cost since i got here. In essence, I am not criminal. I only made a mistake due to ignorance.
The advisor overstepped his/her authority. The I-130 doesn't automatically cancel your F-1 if you remain in the US. Get a letter from an immigration lawyer to firmly explain that you should be reinstated and the F-1 does not get automatically voided because of the I-130, and hand it to the advisor.
But you still need to be aware that if you leave the US as originally planned, the I-130 can prevent you from returning.
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Listen carefully, All These things happened to me and bassed on my OWN experience: I-130 doesnt make your visa void, your visa is still valid, If your international student adviouser reported you at SAVIS, you can reinstate it by applying at uscis with valid reason, and if you want travel youi can do it but you have to get a new i-20 from the institution, if you want to apply for reinstatment they will issue a i-20 with reinstatment, and if you want to to travel they will isue a new i-20 with intial entery, or you can get a i-20 from your coice of institution, since its a firt time of yours so it there wili be a great chances thast you will be reinstatd( within 60 days) or if you want to trave you can get new i-20 and re-enter the country . and one thing there is a hell of diffrence between illeagal or out of status, you are illeagal when judge ordered for a deportation for you and bared when 6 month or one year peraiod end after the order date of deportation. Students dont fall n that catagory. but choice is yours.
Yes, it doesn't make it void if you already have F1 status before filing I130. When your F1 status is expired or did not reinstate it, then it's void and if you tring to apply for a NEW F1 visa, it will be denied because of an already approved I130. Even with a valid F1 status, as soon as you exit the US and trying to get back with your F1 status, your approved I130 will going to be an issue and you maybe barred from entry. This depends on the POE officer, you can take your chances. As for illegal presence, if the school reportedd you to SAVIS and you don't reinstate it, then your illegal presence will start from the day the USCIS has determined your status but not like you said start when the judge ordered a deportation. When a deportation is issued, that means no chances (slim chance or if married to a USC) of getting a valid status or reinstate a status and you must leave the country immediatly. He can sure take a chance, reinstate his F1 status, get a new I20 then exit the country and see if he can come back or not. If he can't, he'll be doomed. Or he can withdrew his I130 like the other post said, but still a chance of deny entry because he already had immigrate intent even though he withdrew it because his father can apply for him again. It's just a matter of convincing the POE officer. The important point after al these posts are he needs to keep his F1 valid by reinstate it otherwise, he'll be doomed.
To keep the same F1 you need a leave of absence, say for family reason or health reason, approved at your school. Then you can go home, your school should send you a new I20 so you can reenter and start school in the fall.
You don't have to cancel I130 like someone suggested. I received an F1 when my I130 was not yet approved and was able to do the above and come back after a year to continue my studies. All while 130 was still pending. Approved I130 might be a completely different story.
What is your category and PD? In other words how close are you from adjusting/CP? Can you leave now, do CP and come back with your GC and then finish school?
You don't have to cancel I130 like someone suggested. I received an F1 when my I130 was not yet approved and was able to do the above and come back after a year to continue my studies. All while 130 was still pending. Approved I130 might be a completely different story.
What is your category and PD? In other words how close are you from adjusting/CP? Can you leave now, do CP and come back with your GC and then finish school?
To keep the same F1 you need a leave of absence, say for family reason or health reason, approved at your school. Then you can go home, your school should send you a new I20 so you can reenter and start school in the fall.
You don't have to cancel I130 like someone suggested. I received an F1 when my I130 was not yet approved and was able to do the above and come back after a year to continue my studies. All while 130 was still pending. Approved I130 might be a completely different story.
What is your category and PD? In other words how close are you from adjusting/CP? Can you leave now, do CP and come back with your GC and then finish school?
I'm in the FB1 category and PD in March 2007. I think the international student is making a big deal out of nothing. The final decision lies with USCIS , he just needs to do what he can to help me, and that's what i'll be telling him tomorrow. Politely, of course.
And tell him that he dont have any concern with your i-130 petetion. and that petetion doesnt makes you ineligible for keeping your f1 status. These international student adviousers are nuts sometimes dont know nothing about there jobs, and try to play with peoples future for there pleasure.
@korsibor,
Always have faith and hope. I was almost in the similar situation. I was on F-1 visa and couldn't afford a semester tuition fee and was out of status in Fall of 2002. I had really good and co-operative student advisors who advised me what to do. They told me to leave the country ASAP and come back with a new I-20. They told me that next semester if i didn't register they will report to USCIS.
So I requested a new I-20, submitted new financial statements and waited for new I-20 while i was in School. It took couple of weeks before i got the new I-20, i didn't leave the school while new I-20 process was going on.
I got the new I-20 went back home during end of semester and came back on the new I-20 few days before the new semester (10 days trip back home) with no problems at all. Luckily my F-1 visa on my passport was valid for another 2 years ( i know that visa doesn't count if you are out of status for long time).
So don't panic, if your student adviser is a jerk, talk to another student adviser. I had a very tough adviser who was straightforward but tough and scared me, so i ditched him and consulted another nicer adviser who helped me a lot.
So Here's what you should do:
Get new I-20 for next semester if you are out of status for this semester. Don't leave school until you get the new I-20.
Secondly consult immigrant lawyer, don't hire them just consult them.
Join the free immigration Q&A chat at lawyers.com, link below. They do give good advice.
http://community.lawyers.com/chat/chat.asp?chatId=2199
Pay a consultation fee to an immigration lawyer (shouldn't be more than $150-200) show your intention of hiring them ( and if you like them, use their service).
Your I-130 will take long time in my opinion, don't wait for it and ruin your status. The I-130 filed by permanent resident for relatives takes longer than I-130 filed by a citizen (parent or wife).
So please don't waste your time. Research and get as much info you can regarding your case. I am sure there will be other folks who might have had similar situations.
Lastly don't take the previous comments to your heart. All the members were trying to advice you in their way. So don't worry about the comments or their tone.
I hope it works out for you man. I have seen a lot of tough situations in life, just remember one thing the more you panic the worse you gonna make your situation.
Take Care
All the best to you. Good Luck
Always have faith and hope. I was almost in the similar situation. I was on F-1 visa and couldn't afford a semester tuition fee and was out of status in Fall of 2002. I had really good and co-operative student advisors who advised me what to do. They told me to leave the country ASAP and come back with a new I-20. They told me that next semester if i didn't register they will report to USCIS.
So I requested a new I-20, submitted new financial statements and waited for new I-20 while i was in School. It took couple of weeks before i got the new I-20, i didn't leave the school while new I-20 process was going on.
I got the new I-20 went back home during end of semester and came back on the new I-20 few days before the new semester (10 days trip back home) with no problems at all. Luckily my F-1 visa on my passport was valid for another 2 years ( i know that visa doesn't count if you are out of status for long time).
So don't panic, if your student adviser is a jerk, talk to another student adviser. I had a very tough adviser who was straightforward but tough and scared me, so i ditched him and consulted another nicer adviser who helped me a lot.
So Here's what you should do:
Get new I-20 for next semester if you are out of status for this semester. Don't leave school until you get the new I-20.
Secondly consult immigrant lawyer, don't hire them just consult them.
Join the free immigration Q&A chat at lawyers.com, link below. They do give good advice.
http://community.lawyers.com/chat/chat.asp?chatId=2199
Pay a consultation fee to an immigration lawyer (shouldn't be more than $150-200) show your intention of hiring them ( and if you like them, use their service).
Your I-130 will take long time in my opinion, don't wait for it and ruin your status. The I-130 filed by permanent resident for relatives takes longer than I-130 filed by a citizen (parent or wife).
So please don't waste your time. Research and get as much info you can regarding your case. I am sure there will be other folks who might have had similar situations.
Lastly don't take the previous comments to your heart. All the members were trying to advice you in their way. So don't worry about the comments or their tone.
I hope it works out for you man. I have seen a lot of tough situations in life, just remember one thing the more you panic the worse you gonna make your situation.
Take Care
All the best to you. Good Luck
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Jackolantern
Registered Users (C)
That I-130 needs to be canceled. It doesn't help anything in a situation like this, and it's going to make it more difficult to return to the US with the F1.Your I-130 will take long time in my opinion, don't wait for it and ruin your status.