F1 Student Confused!!!Petition filed by USC Parent!

onesexychic

New Member
My best friend came to the US in 2002 on an F-1 visa. She however got into some financial problems and was unable to maintain status. In 2004, she left the country in order to attend a funeral, and forgot to get her I-20 signed. When returning to the country, she was detained by CBP, her student visa was cancelled, and was declared inadmissible at the San Juan airport. She returned to her country, but however was able to get another F1 visa and return to pursue her studies.

She came back to the US and went back to school. However, her dad stopped paying her tuition. She was out of school in Spring of 2006 and Spring of 2007. She went back to school in the Summer of 2007 without any notification of a problem. When trying to register for the Fall 2007 Semester, her DSo tod her that her SEVIS had been cancelled since February as well as her Student Visa. At no time between february when the visa was cancelled, and July when she registered for the Summer semester which she completed, was she told that her visa had been cancelled.

This is her predicament.

Her father filed an I-130 for her in 2004 when he was a permanent resident, but never got a receipt notice in the mail. He then filed another I-130 petiton in 2006 when he became a US Citizen. At this time, my friend was now 22. In May, it said that the Petition was sent to the California Service Center and if anymore information is needed, they will notify them.

Since my friend has obviously overstayed unaware by her because the school never notified her in February that her visa was cancelled, what will happen now? Can she still adjust status in the country because she overstayed? Can she move the processing to a consular and continue with the filing outside of the US? If she leaves the country because she doesn't want to keep overstaying now that she knows her visa is cancelled, will she be subject to a 3 or 10 year ban?

PLEASE HELP....IF ANYONE HAS ANY INFORMATION ABOUT THIS...YOUR INPUT WOULD BE GREATLY APPRECIATED.
 
I am sorry to hear that.

Wait for others to confirm, but from what I read here a few times, if you overstayed more than 180 days then you are subject to the bar to re-entry for 10 years.

Unfortunately I do not think that saying that its the school's fault for not telling you that your visa was canceled will be enough. The F1 visa (I used to hold one) is only valid if you have a valid I-20 (sevis). They warn us of that at school and on the I-20 forms I think. One of the requirements is to maintain a certain number of credits and to not miss a semester (not counting summer school).

She should contact a lawyer and get the free consultation. I hope that will help a little bit.
 
Assuming "your friend" is not married, her petition falls in the F1 category. The November visa bulletin shows this category is issuing visas for Priority Dates up to Dec 2001 (depending upon chargability area). You face a long wait before your 2006 PD becomes current.
 
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