hi i came to the U.S. on a student visa on Dec. 21, 2000. I attended school for 1 semester. My father who is a citizen filed for me in Feb. 2002, now i am being told by my lawyer that i would have to go back to my country to file for adjustment of status and that there is a strong possibility that i would be denied. I have been waiting for 6 years for a visa number only to be told this info. recently, and the lawyer is strongly advising me to remain in the country until the laws are changed. Is this information true? Would i have to go back home, and if so will there be a problem? Secondly, my boyfriend is about to get his citizenship, if we get married would there be a problem, due to the fact that i am already in the system with my father filing for me?????
Here on Student Visa and Out of Status???
- Thread starter jayefiona
- Start date
HappyAndWorry
Registered Users (C)
why did it take so long? Now I am worried about my AOS applying as a spouse of US citizen and my student status expires in August. 
I hope u find good solution.
I hope u find good solution.Happy,
it took so long, because she is an adult child of a USC, not an immediate relative of a USC. You are an immediate relative of a USC, and your overstay, if any, is forgiven. Hers is not.
The lawyer is correct somewhat - if you leave the US now, you may be subject to a 10-year ban on entering the US for breaking the immigration law. You may not be subject to it, since you have D/S in your I-94. Do read up on that.
On the other hand, if I were you I'd wait till your husband becomes a citizen (without leaving the States) and adjust through him.
it took so long, because she is an adult child of a USC, not an immediate relative of a USC. You are an immediate relative of a USC, and your overstay, if any, is forgiven. Hers is not.
The lawyer is correct somewhat - if you leave the US now, you may be subject to a 10-year ban on entering the US for breaking the immigration law. You may not be subject to it, since you have D/S in your I-94. Do read up on that.
On the other hand, if I were you I'd wait till your husband becomes a citizen (without leaving the States) and adjust through him.
godisgoodtome
Registered Users (C)
yes wait for u're boyfriend to become a citizen, after his naturalization call uscis, and tell them you wan the case withdrwn and close. then when the confirmation letter comes, you file for AOS with your husband, and go from there. But for the mean time, avoid any form of trouble with the law tha can get you arrested. Good luck.
trialanderror83
Registered Users (C)
How old are you? How long has your father been a US Citizen? At birth?
i am in my 30s and my father got his citizenship over 10 years ago.
for personal reasons he did not file until 2002