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J-1 w/COS pending at TSC for 2 years - INS claims out-of-status

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  • J-1 w/COS pending at TSC for 2 years - INS claims out-of-status

    A student from Pakistan with an IAP-66 for a flight school came to us (a community college) and wanted to change schools and not attend the flight school. he was told to report in at the flight school and get permission to transfer. We filed a COS petition from J-1 to F-1 with TSC in Dec 2000. Student received the standard 767 but never anything further. We submitted status requests on a regular basis for the past two years and got the same response - 'case has been assigned and is pending.
    Student's drivers license expired in Nov. Without current/valid INS documents, he could not renew. I sent him to the Orlando INS office for help - they helped by taking him into custody! Said that the INS system reported him as "out of status". I faxed all the copies of paperwork and claimed that he was not O/S since he had a COS pending with the service center. Short version: He was granted a bond hearing, was released on bond with a voluntary departure date of Jan 2nd. Now he has an attorney telling him that he will be subject to a 3 or 10 year bar as a visa overstay since INS still contends he was out of status since his entry 2 years ago as he did not attend the flight school. I still contend that since the service center accepted his COS that he was not out of status. Now, according to the TSC web site, the petition was processed and a reply was mailed on Dec 4, 2002. The web reply and the automated phone reply are both very ambiguous - it states that the "notice of approval or registration of case" was mailed. . .
    QUESTION: Was this young man out of status for 2 years?

    Francine Arrington
    arringtonf@brevardcc.edu

  • #2
    A student from Pakistan with an IAP-66 for a flight school came to us (a community college) and wanted to change schools and not attend the flight school. he was told to report in at the flight school and get permission to transfer. We filed a COS petition from J-1 to F-1 with TSC in Dec 2000. Student received the standard 767 but never anything further. We submitted status requests on a regular basis for the past two years and got the same response - 'case has been assigned and is pending.
    Student's drivers license expired in Nov. Without current/valid INS documents, he could not renew. I sent him to the Orlando INS office for help - they helped by taking him into custody! Said that the INS system reported him as "out of status". I faxed all the copies of paperwork and claimed that he was not O/S since he had a COS pending with the service center. Short version: He was granted a bond hearing, was released on bond with a voluntary departure date of Jan 2nd. Now he has an attorney telling him that he will be subject to a 3 or 10 year bar as a visa overstay since INS still contends he was out of status since his entry 2 years ago as he did not attend the flight school. I still contend that since the service center accepted his COS that he was not out of status. Now, according to the TSC web site, the petition was processed and a reply was mailed on Dec 4, 2002. The web reply and the automated phone reply are both very ambiguous - it states that the "notice of approval or registration of case" was mailed. . .
    QUESTION: Was this young man out of status for 2 years?

    Francine Arrington
    arringtonf@brevardcc.edu

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    • #3
      Probably so, as he never attended flight school. In that case, he'll be barred from the reentry for 10 years should he leave the country.

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