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Out of Status F1 Student to AOS

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  • Out of Status F1 Student to AOS

    Hi i am an overstayed F1 student for almost 5 months now,i stopped schooling since july but the expiration date of my my I-20 is August.And i have a pending Immigrant Visa Petition,and my Priority Date is already current now.So it means that i am ready to file an Adjustment of Status anytime.My question is,since i stopped goin to school since July.And i am currently out of status for almost five months now,can i still file an AOS without any problem dealing with USCIS/INS?Do they deport me?Do they approve my application and give me a greencard without any problem?Do i need an Attorney to file my application in my behalf or can i just file my AOS Application by myself without the help of a Lawyer?Please answer my questions?thanks!

  • #2
    Hi i am an overstayed F1 student for almost 5 months now,i stopped schooling since july but the expiration date of my my I-20 is August.And i have a pending Immigrant Visa Petition,and my Priority Date is already current now.So it means that i am ready to file an Adjustment of Status anytime.My question is,since i stopped goin to school since July.And i am currently out of status for almost five months now,can i still file an AOS without any problem dealing with USCIS/INS?Do they deport me?Do they approve my application and give me a greencard without any problem?Do i need an Attorney to file my application in my behalf or can i just file my AOS Application by myself without the help of a Lawyer?Please answer my questions?thanks!

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    • #3
      I am filing for AOS based on my Approved Immgirant Visa Petition(F2A) which is current starting Jan 01,2004.And im hoping for CSPA also.My Priority date is Dec.21,1998 at it was approved on Jun 13,2001,so it was pending for 2 years and six months.And i am 22 yrs.and 2 months old right now.So my age in terms of CSPA is 20 yrs.old and 2months.

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      • #4
        Hello!please help me regarding my AOS!thanks in adavance.

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        • #5
          When did u get the I20? and when did it expire?

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          • #6
            I got my I-20 November 2002,then it was expired on August 2003.Do you have any idea about my case?

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            • #7
              You are out of status.

              You don't think when you go for an interview, they're not going to first look at to see if you're in status right now, and have a valid visa to evren be there?

              It's SOP in most districts. Honestly, they have *no* desire to give you a GC. It's a benefit. and if you quit school, and didn't go back home -- they won't give it to you.

              Talk to a lawyer right now about how you can perhaps go back home and do the interview there.

              Technically. You're not supposed to be *in* the US, waiting for your GC.

              -= nav =-

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              • #8
                For AOS, you have to submit:

                A. Documents that you are in "status" when you applied.

                B. Documents of you still maintained your status, when you show up for interview.

                C. Proof of legal entry to the US.

                I think if you have the above documents, you are in a good shape.

                I don't think there is other way to say this.

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                • #9
                  But the expiration of my I-94 says Valid for Duration of Status.And before i applied for F1 visa here in the US,I came here legally using V Visa (V2).Any further in formation about my case?thanks for your help guys!

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                  • #10
                    We just explained it to you:

                    Your visa ran OUT in august.

                    You're out of status, cuz you have no valid visa.

                    You can't apply for AOS when you're now here illegally (unless married toa USC).

                    Start heading over to match.com if i were you.

                    -= nav =-

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                    • #11
                      Otherwise Eligible Immediate Relatives

                      If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

                      worked without permission,


                      remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,


                      failed otherwise to maintain lawful status and with the proper immigration documentation, or


                      have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
                      Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being "inspected and admitted or paroled into the United States."

                      http://uscis.gov/graphics/howdoi/LPReligibili

                      Isn't it that i am also an Imediate Relative because my mom is a Legal Permanent Resident and i am her son which is child under 21 years of age in terms of CSPA?Do i have a point?Further info for my case please?Thanks!

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                      • #12
                        Yes a child (that's what you are) is an immediate relative.

                        I have no idea why you even filed for a F1. You should've applied for adjustment based upon yoru mom. When she got her gc, she shoou'dve included you as well, so you both would've gotten it.

                        -= nav =-

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                        • #13
                          Because i came here using a V Visa (V2),i cant file for an Adjustment of status right away because my Priority Date for my Approved Visa Petition is not yet current,and my V2 visa was expired because i turned 21 last November 2002.Then i filed for a Student Visa (F1),to be in-status while im waiting for my Priority to be current so that i could file for AOS and the F1 Visa was approved.Now since indicated in "OTHERWISE ELIGIBLE IMMEDIATE RELATIVES"to file AOS,and im out of status now for five months,can i file now an AOS without any problem dealing with the USCIS?

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                          • #14
                            Because i came here using a V Visa (V2),i cant file for an Adjustment of status right away because my Priority Date for my Approved Visa Petition is not yet current,and my V2 visa was expired because i turned 21 last November 2002.Then i filed for a Student Visa (F1),to be in-status while im waiting for my Priority to be current so that i could file for AOS and the F1 Visa was approved.Now since indicated in "OTHERWISE ELIGIBLE IMMEDIATE RELATIVES"to file AOS,and im out of status now for five months,can i file now an AOS without any problem dealing with the USCIS?

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