Special Registration Need Guidence
- Thread starter jhara
- Start date
I entered in US from Pak on F1 status, and I've been out of status since 1993, I filed form I-130 in April 2001 through my wife (GC holder). I was wondering when I go for Special Registration will I be deported or anything else I can do ?VivaLasVegas
Volunteer Moderator
You have had an overstay and you are still out of status.
The INS can put you in removal proceedings based on your overstay and you can be subject to a 10 year ban.
Do consult an attorney and make sure you do show up for your special registration appt!
The INS can put you in removal proceedings based on your overstay and you can be subject to a 10 year ban.
Do consult an attorney and make sure you do show up for your special registration appt!
Albert Einstien
Registered Users (C)
They might arrest u depending on where you are. But might release you on a bond and you will be given a NTA(Notice to Appear) later in front of an immigration judge. In most INS offices, even if you dont get arrested and had status violations, they will give a NTA. I would talk to an atty either way to sort it out..
Now, when u entered on the F-1 visa, if your I-94 says for expiration D/S(It usually says that for F-1 and J-1), then you have not out of status until an immigration judge says so. But when you see that judge, he/she will more than likely rule that you are. That is when the illegal time starts counting. BUT- you could leave the country before that and not be in violation of status and the 10 year bar wont apply. You could then come back when your wife becomes a citizen....
Now, when u entered on the F-1 visa, if your I-94 says for expiration D/S(It usually says that for F-1 and J-1), then you have not out of status until an immigration judge says so. But when you see that judge, he/she will more than likely rule that you are. That is when the illegal time starts counting. BUT- you could leave the country before that and not be in violation of status and the 10 year bar wont apply. You could then come back when your wife becomes a citizen....
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VivaLasVegas
Volunteer Moderator
Where did you get this info on Status?? It seems to be half true.
You don't need an IJ to tell you whether you are out of status or not. Simple rule.. you over stay your I94 you are an illegal in the US.
Incomplete Truth can be dangerous
You don't need an IJ to tell you whether you are out of status or not. Simple rule.. you over stay your I94 you are an illegal in the US.
Incomplete Truth can be dangerous
anonymousalien
New Member
Re: Albert is right
VivaLasVegas
Volunteer Moderator
Re: Re: Albert is right
I was just about to say that.. The IJ's have the authority over all this and F-1 / J-1 or even M-1 overstays are taken very seriously these days
I was just about to say that.. The IJ's have the authority over all this and F-1 / J-1 or even M-1 overstays are taken very seriously these days
Albert Einstien
Registered Users (C)
Sorry, I should have made myself clear..
I am talking about the clock that starts ticking when you are officially out of status. If the student just leaves the US, then he or she would not have accumulated and out-of-status duration technically. In this case, he is no doubt out of status, but due to the stamp D/S unless he gets caught or see a judge, he wont be tagged as being out of status. This might help him to come back in the near future when his wife becomes a Citizen or his priority date is current. However, what I am not sure and an atty might be needed for is, if he sees a judge and he tags him as being out of status, does the time start right after that or is the clock set retroactively to when he stopped attending school.......
I am talking about the clock that starts ticking when you are officially out of status. If the student just leaves the US, then he or she would not have accumulated and out-of-status duration technically. In this case, he is no doubt out of status, but due to the stamp D/S unless he gets caught or see a judge, he wont be tagged as being out of status. This might help him to come back in the near future when his wife becomes a Citizen or his priority date is current. However, what I am not sure and an atty might be needed for is, if he sees a judge and he tags him as being out of status, does the time start right after that or is the clock set retroactively to when he stopped attending school.......
Einstein is brilliant! He is exactly correct. The D/S status means that overstay does not begin to accumulate for the purposes of the 3/10 bar until INS determines that jhara is here illegally (which he certainly is). The problem is that if taken into custody and removed jhara will have serious problems on reentry. What jhara needs is voluntary departure or some legal way to stay and right now there's no way to stay based on what little information that we have. AT this point, it may be better for jhara's wife to become a USC if possible since that will probably be just as fast and also offer waivers that are not available to PRs.
Albert Einstien
Registered Users (C)
It would have helped if you were married before Dec 2001 and have a application pending for more than 3 years. You can then apply for V-1 visa status. This can be done within the US as well. It allows you to get a work permit till you become eligible to file I-485. Looks like you are very close on the dates as far as your wife's citizenhip is concerned. I would certainly talk to an attoney at this point to sort out any other viable options. Should not cost more than $50-60 per half hour of consultation. Here is more info on the Life Act:
www.ins.usdoj.gov/graphics/services/residency/life.htm
www.ins.usdoj.gov/graphics/services/residency/life.htm
VivaLasVegas
Volunteer Moderator
not true
if you leave the US with an advance parole (considering that you have had an overstay) you will be subject to a 3 - 10 yr ban!
if you leave the US with an advance parole (considering that you have had an overstay) you will be subject to a 3 - 10 yr ban!