AnnaBanana
New Member
Forward note: the BIL (brother in law) in question has returned to his home country now, but this argument remains between me and my husband.
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BIL came to US on student Visa. He registered and then never attended a single class. He had no good reason for it - was not sick, was not prevented from going. Just "didn\'t feel like it". My understanding is that under the law his student Visa expired 90 days after he stopped school. After that, being in the country is illegal. Granted, the INS MIGHT grant him a retro-active reinstatement of status - if he had a good reason. But he had no good reason at all. So, he could not have a resonable expectation of getting a reinstatement. So - he was here illegally, right?
My husband insists that he is 100% sure my BIL would have gotten the reinstatement. So, since there was the potential for reinstatement, BIL was legal.
Husband is resistant to me presenting him with the facts from the law books. Concern: two younger siblings in his home country will soon want to come "visit". In their family "visit" means come live with you for an unending period, doing nothing constructive, living a life of leisure at my expense. Grrrr....
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BIL came to US on student Visa. He registered and then never attended a single class. He had no good reason for it - was not sick, was not prevented from going. Just "didn\'t feel like it". My understanding is that under the law his student Visa expired 90 days after he stopped school. After that, being in the country is illegal. Granted, the INS MIGHT grant him a retro-active reinstatement of status - if he had a good reason. But he had no good reason at all. So, he could not have a resonable expectation of getting a reinstatement. So - he was here illegally, right?
My husband insists that he is 100% sure my BIL would have gotten the reinstatement. So, since there was the potential for reinstatement, BIL was legal.
Husband is resistant to me presenting him with the facts from the law books. Concern: two younger siblings in his home country will soon want to come "visit". In their family "visit" means come live with you for an unending period, doing nothing constructive, living a life of leisure at my expense. Grrrr....