out of status

[klox23]

If a person (>21 years) has been out of F1 status for more than one year, can he/she adjust status when the PD is current? (family category- f2b and soon to be f1) is the only way to marry an American citizen? does it make any difference if the sponsoring parents are residents or citizens?

Thank you

 

[Jackolantern]

If you are currently out of status you cannot adjust status in the F2B or Family 1st preference (F1) category.

However, if your I-94 has F1-D/S on it instead of a specific expiration date, you may be able to complete the green card process outside the US (at a consulate), avoiding the 3-year or 10-year ban due a technicality. That's because when your I-94 has D/S, you do not automatically start accumulating unlawful presence when you go out of status. In that situation the unlawful presence starts only when USCIS or an immigration judge officially makes a determination of your status violation.

 

[BigJoe5]

In the past, before the implementation of SEVIS, D/S had to be "determined" or "declared" but now it is tracked in a computer database and when you fall out of status, it is an identifiable date as reported by the school's DSO. If a school fails to report, it gets in serious trouble and loses its SEVIS status, so they do a much better job of reporting than they used to do. And the school's that don't follow the rules end up in the headlines, like TVU and UNVA. When a school loses SEVIS status it looses MONEY and the MONEY is more important to them than any particular student.

8 CFR § 214.2 Special requirements for admission, extension, and maintenance of status.
* * * * *

(f) * * *
* * * * *
(5) * * *

(i) General . Except for border commuter students covered by the provisions of paragraph (f)(18) of this section, an F-1 student is admitted for duration of status. Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution approved by the Service for attendance by foreign students, or engaging in authorized practical training following completion of studies, except that an F-1 student who is admitted to attend a public high school is restricte d to an aggregate of 12 months of study at any public high school(s). An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on Form I-20. The student is considered to be maintaining status if he or she is making normal progress toward completing a course of study.