Overstay of F-1 visa and apply for green card?

[Zumrad]

Hi all,
I came USA on F-1 visa, but I didn't go to school and lost it.
I don't know really how to became legalized now
Is there will be any problems if I merry USA citezen, because of my no-attendance and overstay period in USA for more than 3 years?
Is there any limit for period of being out of status, when u apply for green card through marriage?

I would be very thankful for any kind advice,
Zumrad

 

[nscagony]

You should be able to obtain a GC through marriage despite your potential overstay. Just get a lawyer.

 

[PraetorianXI]

Hi all,
I came USA on F-1 visa, but I didn't go to school and lost it.
I don't know really how to became legalized now
Is there will be any problems if I merry USA citezen, because of my no-attendance and overstay period in USA for more than 3 years?
Is there any limit for period of being out of status, when u apply for green card through marriage?

I would be very thankful for any kind advice,
Zumrad

So why didn't you go back home or filed for a replacement of your visa?

How did you lose "it"? what is "it"?

Why didn't you go to school?

Are you seeking marriage, just so you can stay in the country?

 

[Triple Citizen]

As long as the marriage is bonafide, you should be ok. There is one potential issue which may get ugly. Did you go to school at all after you entered on your F-1 visa? You may be accused of fraud during your F-1 interview if you never attended school after entering the US.

Is there will be any problems if I merry USA citezen, because of my no-attendance and overstay period in USA for more than 3 years?

 

[austriacus]

Zumrad, have you considered F-1 reinstatement? (I suppose after 3 years reinstatement is too late so you'd have to leave and re-enter in F-1 status as Praetorian suggested.) Do you have a good reason for not having attended school? Have you accumulated unlawful presence?

 

[trialanderror83]

As long as the marriage is bonafide, you should be ok. There is one potential issue which may get ugly. Did you go to school at all after you entered on your F-1 visa? You may be accused of fraud during your F-1 interview if you never attended school after entering the US.

I entered on F-1 in 1999. At my AOS interview, I was not asked anything about my attendence. I dought USCIS would care about his attendence being married to a USC.

 

[GotPR?]

As long as the marriage is bonafide, you should be ok. There is one potential issue which may get ugly. Did you go to school at all after you entered on your F-1 visa? You may be accused of fraud during your F-1 interview if you never attended school after entering the US.

her previous post says she entered with F1 and "immediately" applied for asylum (reason seems like the life back in her country is "poor".. Obviously cannot be a reason for asylum)which was denied later.

 

[Al Southner]

Hi all,
I came USA on F-1 visa, but I didn't go to school and lost it.
I don't know really how to became legalized now
Is there will be any problems if I merry USA citezen, because of my no-attendance and overstay period in USA for more than 3 years?
Is there any limit for period of being out of status, when u apply for green card through marriage?

I would be very thankful for any kind advice,
Zumrad

Zumrad,

You will need to explain why you never went to school. I can smell visa fraud for your F1 visa, because you never attended a single class from your posting. So, if you seek to marry a US citizen to remain legally in the US, you are seeking to committ another fraud, getting married to evade immigration laws of the US.

Also, what has been your source of income? I think your case might be a cart full of bunnybugs to bite you throughout the immigration process. Just be mindful of the risks involved... being caught before you get to adjust your status and deported...

 

[trialanderror83]

Zumrad,

You will need to explain why you never went to school. I can smell visa fraud for your F1 visa, because you never attended a single class from your posting. So, if you seek to marry a US citizen to remain legally in the US, you are seeking to committ another fraud, getting married to evade immigration laws of the US.

Also, what has been your source of income? I think your case might be a cart full of bunnybugs to bite you throughout the immigration process. Just be mindful of the risks involved... being caught before you get to adjust your status and deported...

I believe that the law say's he only has to enter with visa to adjust his status, doesn't say that he has to attend schhol for ANY period of time being married to a usc

 

[austriacus]

I believe that the law say's he only has to enter with visa to adjust his status, doesn't say that he has to attend schhol for ANY period of time being married to a usc

I would tend to disagree. The F-1 visa requires intent to enroll full time in the educational program that is listed on the I-20 that the individual presents at the time of entry. If the person never enrolls, and never applied for F-1 reinstatement, it could be argued that they misrepresented their intentions when they entered.

INA 212(a)(6)(C)(i): Misrepresentation. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

 

[Triple Citizen]

You are confusing two elements here. Firstly, for AOS one needs to be inspected upon entry. However an individual can be charged with misrepresentation during AOS. This will depend on which visa the individual entered on and when (and how) the AOS was applied.

I believe that the law say's he only has to enter with visa to adjust his status, doesn't say that he has to attend schhol for ANY period of time being married to a usc

 

[Al Southner]

I believe that the law say's he only has to enter with visa to adjust his status, doesn't say that he has to attend schhol for ANY period of time being married to a usc

Satan,

Why would they issue you an F1 visa is you don't intend to attend school? The reason F1 visa exist it to enable to attend school, not merely bring your butt into the country and get lost in your passions of the country....

Unless you understand the statue governing visa issuances, then maybe you should never respond to anything because you have a keyboard...

 

[trialanderror83]

Satan,

Why would they issue you an F1 visa is you don't intend to attend school? The reason F1 visa exist it to enable to attend school, not merely bring your butt into the country and get lost in your passions of the country....

Unless you understand the statue governing visa issuances, then maybe you should never respond to anything because you have a keyboard...

Ok smartie, if they are so intrested in his "Attendance" why did they NEVER inquire about mine? I only went one semester, they didn't ask me anything, what school, what degree, not even for for shread of proof what I did in the US while on my F-1, not even the name of my school I went to with my F-1. I am not argueing his "Visa fraud", however if you are so up on the law then you should know that what he did it is forgivin because he is married to a US citizen, and like it or not, he entered with inspection.

So he never went to school, big deal, maby he couldn't afford it after all was said and done, then he meet a US citizen and got married. Do you really think that USCIS will care?? I dought they will want 'Offical Transcriipts" from school.

FYI, I entered on F-1. I lost my I-94 with stamp, but still had the I-20, hardly readable. USCIS never mentioned one thing about it.

And we all know the statues, so no need to post them again.

HE IS MARRIED TO A US CITIZEN, HE ENTERED WITH A VISA REGARDLESS OF WHAT HE DID WITH IT, IT WILL BE FORGIVIN,
PERIOD!!

Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!
LUD I-130 Approved 03-20-07!!!
LUD I-485 Welcome notice sent, Card production ordered 03-23-07
LUD- Welcome notice received 03-27-07
LUD- I485 Approval notice mailed 03-28-07!!!
03-30-07 GC received!
106 days in all.

 

[PraetorianXI]

HE IS MARRIED TO A US CITIZEN, HE ENTERED WITH A VISA REGARDLESS OF WHAT HE DID WITH IT, IT WILL BE FORGIVIN,
PERIOD!!

You are one "smart" cookie aren't you? if the OP obtained his visa fraudulently, or misrepresented himself at the POE or any other type of visa fraud. SUCH AS ENTERING UNDER A STUDENT VISA WITH NO INTENTION WHATSOEVER TO EVEN ATTEND 1 CLASS... then you could be found ineligible to AOS or obtain benefits from USCIS.

 

[trialanderror83]

You are one "smart" cookie aren't you? if the OP obtained his visa fraudulently, or misrepresented himself at the POE or any other type of visa fraud. SUCH AS ENTERING UNDER A STUDENT VISA WITH NO INTENTION WHATSOEVER TO EVEN ATTEND 1 CLASS... then you could be found ineligible to AOS or obtain benefits from USCIS.

How does USCIS prove fraud, or misrepresentation, or that he "Did not intend to attend one class" are they mind readers? Maby his sponsor didn't send him the money for school in time AFTER HE GOT HIS VISA, or maby his wallet with all the money for school was stolen... Many excuses he could use. I am not argueing that he didn't intend to go to school, or that it is visa fraud, but thats not the issue.

If he truly did obtain his visa to attend school, then fell into financial hardship and meet a US citizen and married he could get his GC How could USCIS prove otherwise? You are NOT asked what you did on your F-1 at your AOS case. I know this because I went through it last year, I am not guessing.

As long as he is married, entered with a valid visa, has his paperwork complete, and passes the background check do you really think they care what he did after he obtained his F-1. You know how many people enter, then fall out of status a couple months later..many

You are the guy that always pulls the statues out on everyone on here aren't you? Maby you are not the smart cookie on here. If you could post anything besides INS statues you would surprise me.

Here was one of your answers for another guy in trouble on here. He claimed to be a US citizen, remember? Must have took you a while to think this one up

PraetorianXIJoin Date: Jul 2006
Location: In The Family Based GC Sub-Forum
Posts: 3,682

Section 212(a)(6)(C)(ii) of the Act applies not only to false claims to U.S. citizenship to obtain a benefit under the Act, but also to false claims for any purpose or benefit under any other Federal or State law. Therefore, an alien who made a false claim to U.S. citizenship to obtain any Federal or State benefit on or after September 30, 1996, would be inadmissible under section 212(a)(6)(C)(ii) of the Act. A false claim to U.S. citizenship for a “purpose” under Federal or State law would include, for example, voting.

It is not necessary for the claim to have been made to a U.S. Government official. The statutory language in section 212(a)(6)(C)(ii) of the Act is broad in scope and provides that the false claim may have been made “…for any purpose or benefit under this Act (including section 274A) or any other Federal or State law…” Thus, a false claim of U.S. citizenship can be made to a private individual, as the statutory language includes specific mention of 274A of the Act, and the employment verification procedures described under section 274A of the Act cover both Government and private employers. For example, an alien who makes a false claim of U.S. citizenship to a private employer on Form I-9 (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under section 212(a)(6)(C)(ii) of the Act.
__________________
Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney regarding your own situation.

That was your brillant answer, very helpful.

 

[trialanderror83]

Here was my answer for this guy, compare it to yours. You don't give advice, you quote the statue most all the time. This was for a guy named IM_HELP, he filled out the I-9, and claimed to be a US Citizen, national.


This is for the "Claimed To Be A US Citizen Head Hunter Crew" Please Read this about the Texas Service Center Below!

The TSC recognizes the distinction between “citizen and national” of the United States. The TSC will continue to favorably adjudicate otherwise approvable 485 [green card] applications where the alien has checked the referenced “citizen or national” block of the I-9 unless there is other specific evidence of a false claim to US citizen


Also Read Below ..........

"False Claim To US Citizenship On I-9"

IMMIGRANTS & EMPLOYMENT

IRCA Employment Verification and
Antidiscrimination Protections


9TH CIRCUIT VACATES NONCITIZEN’S CRIMINAL CONVICTION FOR FALSE CLAIM TO U.S. CITIZENSHIP ON I-9 FORM
Immigrants' Rights Update, Vol. 18, No. 7, November 8, 2004

The U.S. Court of Appeals for the Ninth Circuit recently vacated the criminal conviction of a worker who had been convicted of falsely claiming to be a U.S. citizen because, in the process of completing an I‑9 employment eligibility verification form, he had checked the box next to the statement, “I attest, under penalty of perjury, that I am . . . [a] citizen or national of the United States.”

Ali Abdulati Karaouni, a Lebanese national who entered the U.S. in 1992 and whose authorization to stay and work here expired in Jan. 1994, had been arrested in Sept. 2002 by an agent of the Immigration and Naturalization Service, who also seized documents belonging to Karaouni and interrogated him. Subsequently, Karaouni was arraigned on charges relating to an I‑9 form he had filled out in July 1998 when he was hired by St. Agnes Medical Center in Fresno, CA, on which he had attested to being a citizen or national of the U.S. The count that Karaouni was tried for and ultimately convicted of was willfully making a false claim to being a U.S. citizen in violation of 18 USC sec. 911. In June 2003, after a two-day trial, the court sentenced him to three months in prison. Because Karaouni had been incarcerated since his arrest, the court credited him for the time he had served, and he was immediately deported to Lebanon.

Karaouni appealed his criminal conviction to the Ninth Circuit, contending that the evidence that had been presented against him was insufficient to support his conviction because no rational juror could find beyond a reasonable doubt that, by checking the box on the I‑9 form, Karaouni had made a claim to be a U.S. citizen, as opposed to a U.S. national.

In its decision, the Ninth Circuit noted that there are three essential elements of a sec. 911 violation. In Karaouni’s case, the government had the burden of proving beyond a reasonable doubt (1) that Karaouni had made a false claim of U.S. citizenship, (2) that his misrepresentation was willful (i.e., voluntary and deliberate), and (3) that it was conveyed to someone with good reason to inquire into his citizenship status. The issue on appeal concerned the first element.

It was undisputed that Karaouni was not a U.S. citizen in July 1998, when he filled out the I‑9 form and checked the attestation box. However, Karaouni pointed out that the statement printed on the I‑9 form next to the box he checked is phrased in the disjunctive and that therefore no rational juror could find beyond a reasonable doubt that he was claiming to be a U.S. citizen and not a U.S. national.

The court found the syntactic structure of the phrase to be critical, because the legal definitions of a U.S. national and a U.S. citizen are distinct. The court also found that the plain language of 18 USC sec. 911 provides only that a false claim to U.S. citizenship is a crime. Therefore, the court concluded that there was insufficient evidence to support Karaouni’s conviction. In doing so, it found that the trial court “violated a basic principle of criminal law by allowing the government to prove that an individual committed the charge offense by showing that he committed either that offense or some other act.” The court reversed Karaouni’s conviction, holding that his answer on the I‑9 form cannot constitute an offense under sec. 911 because Karaouni merely attested that he was a U.S. citizen or a U.S. national, and a claim to U.S. nationality, even if false, does not violate sec. 911.

U.S. v. Karaouni, 379 F.3d 1139 (9th Cir. 2004).

--------------------------------------------------------------------------------

 

[VisaNutz]

You are one "smart" cookie aren't you? if the OP obtained his visa fraudulently, or misrepresented himself at the POE or any other type of visa fraud. SUCH AS ENTERING UNDER A STUDENT VISA WITH NO INTENTION WHATSOEVER TO EVEN ATTEND 1 CLASS... then you could be found ineligible to AOS or obtain benefits from USCIS.

trialanderror83 is correct stating "HE IS MARRIED TO A US CITIZEN, HE ENTERED WITH A VISA REGARDLESS OF WHAT HE DID WITH IT, IT WILL BE FORGIVIN,
PERIOD!!"
The OP not going to school on an F1 visa may constitute misrepresentation of facts, and may make him/her ineligible for AOS. I don't think that point is argued. What trialanderror83 is saying is even though the OP may become ineligible for AOS, just because the OP is married to a USC, it'll be no problem (most likely through a waiver).

Don't post here quoting INA sections because what happens in real life is a different story. If you didn't get your LPR through USC, or if you're not a lawyer, please don't post if your only source of knowledge is the link to INA.

Unless you're a terrorist or a threat to national security (and committed some super violent crimes, even then, a big IF), if you're married to a USC and you're in the US, almost always you'll get a waiver to inadmissibility, but you'll need big time USC cooperation.

I'm not saying it'd be just as easy as someone with no violation applying for AOS. So, the USC needs to be very patient, and at ANY MOMENT if the USC quits, the OP can kiss AOS goodbye. And this is not according the law (INA) but from real life experience. I know the INA gurus will come and say that my statement is not true because the OP can still file AOS under VAWA if applicable, but that's not what I meant. At that stage getting AOS under VAWA will be like winning the lottery.

 

[trialanderror83]

trialanderror83 is correct stating "HE IS MARRIED TO A US CITIZEN, HE ENTERED WITH A VISA REGARDLESS OF WHAT HE DID WITH IT, IT WILL BE FORGIVIN,
PERIOD!!"
The OP not going to school on an F1 visa may consitute misrepresentation of facts, and may make him/her ineligible for AOS. I don't think that point is argued. What trialanderror83 is saying is even though the OP may become ineligible for AOS, just because the OP is married to a USC, it'll be no problem (most likely through a waiver).

Don't post here quoting INA sections because what happens in real life is a different story. If you didn't get your LPR through USC, or if you're not a lawyer, please don't post if your only source of knowledge is the link to INA.

Unless you're a terrorist or a threat to national security (and comitted some super violent crimes, even then, a big IF), if you're married to a USC and you're in the US, almost always you'll get a waiver to inadmissibility, but you'll need bigtime USC cooperation.

I'm not saying it'd be just as easy as someone with no violation applying for AOS. So, the USC needs to be very patient, and an ANY MOMENT if the USC quits, the OP can kiss AOS goodbye. And this is not according the law (INA) but from real life experience. I know the INA gurus will come and say that my statement is not true because the OP can still file AOS under VAWA if applicable, but that's not what I meant. At that stage getting AOS under VAWA will be like winning the lottery.

QUOTE: Don't post here quoting INA sections because what happens in real life is a different story. If you didn't get your LPR through USC, or if you're not a lawyer, please don't post if your only source of knowledge is the link to INA

Amen! At least somone with a point, and not a INS statue. Couldn't agree more. Maby Praetorian will should get a clue from the above statement.

 

[pashapuffy]

My two cents - similar boat

Hey guys - I came in 1999 and went to school. I later did a transfer to a school in GA and there is a stupid officer at the school who denied me a I-20 because I later married a GC holder. He said I wanted GC and so I lost my status. So now I am NOT IN STATUS, but my husband is now a citizen and I am hoping I will have no problems - cant see where I did one thing wrong.

ANOTHER QUESTION​

Does getting govt assistance count towards possibly not being approved for AOS...

I got WIC in GA and medicaid at one point for my two kids. I am guessing when the question asks if I ever got assistance I should say yes - what do u guys think?????

 

[trialanderror83]

Hey guys - I came in 1999 and went to school. I later did a transfer to a school in GA and there is a stupid officer at the school who denied me a I-20 because I later married a GC holder. He said I wanted GC and so I lost my status. So now I am NOT IN STATUS, but my husband is now a citizen and I am hoping I will have no problems - cant see where I did one thing wrong.

ANOTHER QUESTION​

Does getting govt assistance count towards possibly not being approved for AOS...

I got WIC in GA and medicaid at one point for my two kids. I am guessing when the question asks if I ever got assistance I should say yes - what do u guys think?????

I am confused?? You said you are out of status, but your timeline say's you are a US citizen? Is that your husbands timeline? what are you asking exactly??