Tourist visa and attending college

A

akinom

Registered Users (C)
Hi,
can anyone help me answer my question?
I am here on tourist visa with approved I-130 and awaiting my visa number for applying for GC.
I am also attending college and I will get my degree this year. Is it wrong to study with tourist visa in here? My college know about my tourist visa and approved I-130. Would it make any problem with getting my GC? Should I tell them (INS) that I study here?

Thank you.
 
Is it too late to make it legal? Even if I have approved I-130? Do you think my GC will not be approved? How would INS know that I study?
Thank you.
 
If your status is only tourist, and not pending adjustement (i.e if you haven't sent in your I485) you cannot go to school.

INS is coming down hard on going to school on tourist visa. They are asking schools to report on all foreign nationals (students and staff/faculty) to monitor this.

Why haven't you sent in your 485? If you can, do so soon...
 
Well, I have tried. But because of the visa number that is still not available for me, I have to wait and then apply for GC. I have been here for almost four years and finally and hopefully, visa number will be available for me next month. They are processing june 22,1999 and I need july 15,1999. Then I'm going to apply for 485 and EAD.
Also, I don't pay any international students tuition fee. They accepted me as a resident because of my approved I-130. Do you think it might help me? I also changed my degree from major to personal improvement. And as I have a little info, a personal improvement studies are allowed. Or not?
THanks
 
Strange!

Your case is really different.

- You are here for four years on tourist visa?

- If you have I-130, you are intended to be immigrant. In this case, it is not allowed to use tourist visa. This might create a conflict of intentions.

- On top of this, you are a student too! As mentioned, you can not attend a school and I haven't seen any exceptions to 'Personal Development courses for this.

May be you should contact a lawyer.

All the best ...
 
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I have a tourist visa valid for ten years. I have been here for four years b/c I'm waiting for AOS. If everything goes well, I should be able to do that next month.
Now I know that it is not allowed to study, but why does it say that under B-2 visa can student attent school for incidental studies? I know that this wasn't my case. But I could argue, right?
And, how would they know that I have studied if the SEVIS program is for F,M, and J visa holders? Do you think that schools put in there also students with B visas? Even though they pay tuition as residents, not as a foreign students? I hope it will help me.
Another question. If I get EAD, can I study then? Or is it again just and only for an employment?
Thank you.
 
Visa validity....

akinom,

I am responding because your case is interesting.

I suspect, you are mis-reading some facts. You said you have a tourist visa for 10 years. But, what governs your stay in US is not the validity of the Visa stamp in your passport, BUT the I-94 which
you would have got when you first entered US.

At the port of entry the INS officer would have put a data on the
I-94 till which you can stay in US.

Check that date.

I see a clear need to consult an attorney. Good luck!

Raju
 
Raju,
even though I have a valid visa, my I-94 is expired. But because I have approved I-130 and have intentions to apply for I-485 in the US, I stayed here. Because my I-94 is expired, I would have to pay an additional fee - the fine of $1,000 (supplement A for I-485) when applying for the AOS. According to this info from immigration officer, when I pay the fine, I can stay here in the meantime of processing the AOS and also apply for EAD. Therefore, I'm "not worried" about my overstay here.
However, what worries me the most are my B-2 visa studies. Do you think that schools put B-2 visa students who pay normal tuition (not international fee) into the SEVIS system? If not, how would INS know that I study/studied here?
Thank you.
Akinom
 
akinom ,

Good to know that you are on top of the overstay issue.

Sorry, I can not comment on how the schools deal with the
issue of reporting on foreign students.

Thanks
Raju
 
He's still subject to deportation if discovered since he is currently here illegally. 245(i) only permits adjustment, it will not prevent removal and it does not waive the 10 year bar to reentry in the event he leaves the US before he obtains a GC.

Be very careful, filing for AOS under 245(i) does not remedy all ills.
 
Having a 10-yr visa does not permit you to stay in the US beyond the date stamped on the I-94 at the POE (unless you have approval extension. Approved extension is only given once for a max 6 months). Having an approved I-130 also does not permit you to stay in the US. So either way, your stay is illegal.

Any days beyond the date stated in the I-94 will add towards unlawful presence. Unlawful presence for more than 180 days pose a 3-y ban and over 360(?) days constitute a 10-yr ban.

Pls do not assume and justify your actions. Seek the best legal help.
 
Thank you for your response, GC holder.
I know that I overstayed my stay here and that there are 3 and 10 year bans. I know that I'm here illegaly. That's why I would have to pay a fine of $1000 when applying for GC. This would give me the permission to stay in the US while my GC will be processed.
But I'm not sure about my studies.
Thanks
AKinom
 
My view is...
Since your stay is illegal... your study is also illegal (by that, I do not mean your degree)

You might get away with this or you may not. However, you do stand a chance of getting deported or initiating deportation proceedings.

Either way Best Luck.
 
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