Hello everybody, I need your opinion about going out of status! My case has been pending for over 2 years now, I am still in status on F1 visa, but can barely live paying for my study and working, and the fact that my case is taking forever is what made me think of going out of status, but I need to be sure it won't hurt me when applying for the green card, any body has any idea about whether it will be a good idea to go out of status or not please share, next semester starts in august and I need to make my decision before then. Thanks
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Pros and Cons of going out of status while the case is pending a decision!!
- Thread starter karri2008
- Start date
Thanks for the reply. I am not sure yet if it would be a good idea yet, I think it will help as to speed up my case, but I think there is a fine that I have heard when applying for a GC something like 2500 for going out of status, I am not sure it is true, it was the lady at school office, I would love to stay in status until I get my case approved but frankly it is taking forever, and no idea how longer it will take. Just frustrated at times.actually..it wont hurt you. The minute you apply for asylum, you dont need to maintain F1 status.
but I would like other to confirm what I just said.
I doubt that going out of status will meaningfully speed up the decision. You can, however, request to be refered if you wish. But it's unclear that going through IJ will be any faster.
Now, the major con of going out of status is that you become deportable when the decision is made and it's a denial. You get referred to the court and if the court denies your case, you will have to leave (or appeal).
If you stay in status, a NOID will revert you back to your status and you'll have the chance to explore other possibilities.
In any case, it's a tough call.
Edit: As for the fine, AFAIK you are not considered to be unlawfully present if you have a pending asylum case.
Now, the major con of going out of status is that you become deportable when the decision is made and it's a denial. You get referred to the court and if the court denies your case, you will have to leave (or appeal).
If you stay in status, a NOID will revert you back to your status and you'll have the chance to explore other possibilities.
In any case, it's a tough call.
Edit: As for the fine, AFAIK you are not considered to be unlawfully present if you have a pending asylum case.