Help! I-130 applicant fallen out of status!!

[Tam Tam]

Hello,
Please bare with me...This case calls for some background explanation....

I'm a swedish female, unmarried, and 33 years old. My father, who is a US. Citizen, submitted a green card petition for me on December 2, 2003.
I entered the USA on a F-1 visa in January 2003 to go to school, and graduated from college in May 2005.
I went back to my home country over the summer, with the intention of coming back to the USA in the fall of 2005 to continue school.
After coming back to the USA (as F1 student, on a travel signature), I transferred to another school, but my 1-20 form was never properly transferred with me.
The reason for this was that my first school had earlier in the semester accepted my I-130 petition form as proof of being a "resident" in the school system, and they advised me to apply to the other school as a "resident." Due to the school's reasoning, I thought that this document gave me a legal right to be residing in the USA while waiting for the green card petition to be approved. However I recently found out that this is not the case...and I now regret that I didn't research this matter better!!...

I'm still in school at this time, but has fallen out of status since May 2005.
My I-130 petition will soon be reviewed but I'm concerned how immigrations will look at the next step in the process; and my current status in the USA (being illegal/ violation of status?) once it's time for me to 'adjust for status' (I-485).
Being out of status, I can't adjust for permanent residency, correct?

I'm considering going back to my home country to apply for a new student visa/ I-20. (I've been told that I can't be re-instated due to the length of time I've been out of status already.) I don't know if this is possible though... What are my chances to be issued a new student visa in my home country? Will they hold my "violation of status" against me? Can there be complications when i re-enter the USA?

Or is it better that I stay in the USA as a student until it's time to file for the adjustment of status, and then go back to my home country and apply for the green card from there? According to calculations, it might be 2-4 years until my priority date becomes available, and I don't think I would have the nerves to stay here for that long...
I'm thinking, what are the chances of me being denied a green card, or worse- being barred to re-enter the USA if I stay out of status for this long?

I'm extremely desperate right now!! If there's ANYTHING I can do to get back into status and become legal again, I will do it!!

I truly appreciate all the advise I can get in this matter!

Thank you so much to all the people who are helping out with their support and advise on these forums!!

All the best,
Tamara

 

[machelon]

I think you need to speak with an immigration lawyer about the details of your case.
I know that if you try to get another student visa it would be denied...almost for sure...not because you overstayed but because your father already petitioned a GC for you.
You may have to got back to your country and wait for the rest of you green card process there. I know it sucks to wait 2-4 years but it would be better to try to fix things now than to create more problems for the future.
But ask a lot of people.