F1 student, husband lied about sponsoring me and now jeopardized my status
- Thread starter kaylee
- Start date
Jackolantern
Registered Users (C)
It's been over 60 days since you submitted the application, and you have no FP notice yet, so you very well have the right to be seen at Infopass. Other people routinely have successful Infopass appts. without having to adhere to that 45 day rule. If you just sit back and do nothing, they might deny your case for failing to show up for fingerprinting (the notice may have been lost in the mail), so you need to go there ASAP to find out what is happening with your case. If they sent the FP notice and you didn't receive it, they should allow you to give fingerprints right then and there (make sure to bring the I-485 NOA, of course).
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jcrmlaredo
Registered Users (C)
I agree with jacko. I never got text or email after the initial NOA's. When I check the website it also hasn't updated since. I have received my fp notice and my interview notice since. so don't strictly rely on the email, text, website updates. 1 hour is nothing when a whole future s at stake
Al Southner
Registered Users (C)
Kaylee,
Get off your butt and head over to the DO to check your case. You have been through hell already with your husband, and good thing you bought him a new head on E-bay to file. As of now, the onus is on you to be vigilant and track this application with eagle eye, if your application is denied, and with all that you have been through, an 1 hour would feel like 10 seconds. If the NOA for FP is lost in the mail, failure to do FP results in most cases denial of the application. Last time I checked, you had to save for months to be able to afford this filling, do you plan to save again for months before filling? I don't think so, make an info pass and chose anything that can get your foot in the door at USCIS, if they claim it is within processing time, ask if they mailed the FP notice and you should know. Keep copies of the info pass notice for future use and record.
Hello everyone,
Thank you for your thoughts and advice. Sorry for not coming earlier, I was out of town.
Jackolantern, I see. Its just that they're asking for the notice# which they gave me over the phone when I called, and that has the date on it that will show them its not been 45 days since I called.
jcrmlaredo, thanks for sharing
Al Southner, lol no I didn't save for months, my parents paid for it.
ladyM, Im still waiting for the fingerprints notice so Im kinda playing the waiting game at this point.
I received a notice from the USCIS in my email yesterday. This is what it says:
So, I guess there is no need for the Infopass anymore, since they're saying the notice wasn't sent. Why is it taking so long though? Everybody else got theirs.
Thank you for your thoughts and advice. Sorry for not coming earlier, I was out of town.
Jackolantern, I see. Its just that they're asking for the notice# which they gave me over the phone when I called, and that has the date on it that will show them its not been 45 days since I called.
jcrmlaredo, thanks for sharing
Al Southner, lol no I didn't save for months, my parents paid for it.
ladyM, Im still waiting for the fingerprints notice so Im kinda playing the waiting game at this point.
I received a notice from the USCIS in my email yesterday. This is what it says:
So, I guess there is no need for the Infopass anymore, since they're saying the notice wasn't sent. Why is it taking so long though? Everybody else got theirs.
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Jackolantern
Registered Users (C)
Doesn't matter. If you at least have the service request number, they'll still accept you at the Infopass, given your circumstances (i.e. waiting over 2 months without an FP notice).
Still make the Infopass to find out. Non-delivery often means they sent it but the post office returned it as undeliverable, typically due to an incorrect or incomplete or old address, either from your mistake on the forms or USCIS mistake when printing the mailing label, or the postal carrier delivered it to the wrong address and the recipient dropped it in the mail as "return to sender". But you'll need to attend the Infopass appt. to find out what really happened.
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Jackolantern,
If you read what I quoted which is the message that I received from USCIS it doesn't say Non-delivery, it states that I have not yet been scheduled for a FP appointment, that my name was entered in the system to schedule appointments and an appointment will be schedule when available, so I don't think there is non-delivery
If you read what I quoted which is the message that I received from USCIS it doesn't say Non-delivery, it states that I have not yet been scheduled for a FP appointment, that my name was entered in the system to schedule appointments and an appointment will be schedule when available, so I don't think there is non-delivery
Jackolantern
Registered Users (C)
If you have the FP notice, you "qualify" for a walk-in. But walk-ins are not guaranteed; some centers don't allow it, and most others decide to allow walk-ins on a case-by-case basis according to how busy they are when you show up (or sometimes it's just the mood of the officer at the front desk!).
thank youThis sounds like a "chef's secret" in the legal world which is most definately worth investigating in your case. The part that particularly intrigues me is "unless immigration comes looking for you" implying that in legalese that may translate to tacit consent on the part of USCIS to consider you as being in lawful status unless and until they start proceedings against you. I don't want to speculate too much but my point is get the scoop from a qualified, aggressive lawyer with some kickass trial experience, not just one of those pencil pusher types.
Jackolantern
Registered Users (C)
Note that the referenced lenient treatment is restricted to F-1 status and a few others that have D/S on their I-94 rather than a specific end date. For others, staying beyond the I-94 date automatically becomes unlawful presence.
Right but from what I understand even after the F1 expires and you aren't bothered by USCIS you legally remain under lawful status unless you do something else that will create problems.
I think your interpretation is incorrect. After F-1 expires, one will be out of status, but won't accumulate unlawful presence until a judge / USCIS determines that the non-immigrant has been unlawfully present. No?
Jackolantern
Registered Users (C)
You wouldn't be in legal status either; you're still deportable if you went out of status on F1. But you'd be classified as "out of status" and not "unlawfully present", so you won't immediately start accumulating days of unlawful presence towards triggering the 3-year or 10-year ban. Whereas with most other visas, ending your status means you immediately accumulate unlawful presence.
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Correct. So if the person isn't contacted by CIS then CIS will not be presenting this case to a judge.
Right. I think I meant to say "legally remain under lawfully present status" if there even is such a phrase. In other words in order for them to throw the 10 year ban at you they have to process you through their conveyer belt and if they choose not to do so then you are lawfully present.
In OP's case if she were not working she wouldn't need 245i protection as just the D/S protection on her I-94 and/or I-20ID would provide her immunity from the 10 year bar.