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    I initially came to USA on F-1, got married in USA (my wife is an LPR) while I was attending graduate school, and then fell out of status in 1999 after leaving the graduate program. I obtained V-1 status and EAD in August 2002, and currently I'm working fulltime. Now that I have to go for special registration, what can I expect from INS?! As far as I know, F-1 student is admitted (when I was admitted, it may have changed since then) DURATION OF STATUS, and unless INS officially declares the F-1 student out of status, he/she does not continue to accrue overstay. So is that plausible to INS for my status between 1999 and 2002? Should I get an attorney to accompany me to the registration interview?

  • #2
    I initially came to USA on F-1, got married in USA (my wife is an LPR) while I was attending graduate school, and then fell out of status in 1999 after leaving the graduate program. I obtained V-1 status and EAD in August 2002, and currently I'm working fulltime. Now that I have to go for special registration, what can I expect from INS?! As far as I know, F-1 student is admitted (when I was admitted, it may have changed since then) DURATION OF STATUS, and unless INS officially declares the F-1 student out of status, he/she does not continue to accrue overstay. So is that plausible to INS for my status between 1999 and 2002? Should I get an attorney to accompany me to the registration interview?

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    • #3
      As you said, you have V-1 Visa and an EAD. You are still a non-immigrant as such, you have to register. There should not be any problem as your EAD and V visa is valid.
      Good Luck.

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      • #4
        I forgot to mention, that the I-130 petition my spouse had filed for me is still pending; does that make any difference? My spouse will be applying for citizenship this summer.

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        • #5
          Umesh thanks a lot for your prompt response.

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          • #6
            Most likely you won't be detained.

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            • #7
              PROBABLY FINE, am I to expect NTA (notice to appear) even if I don't get detained? Is that how INS begins removal proceedings?

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              • #8
                V visa is issued only to spouses or children of LPR. My suggestion is you must register, there will be no problem. When your wife gets Citizenship then just write a letter to NVC with a copy of Naturalization Certificate of your wife. Your category will be changed from F2 to Immediate Relative of USC. Then you will get your Interview in a couple of months.
                Good Luck.

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                • #9
                  LOL ana!

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                  • #10
                    You need to register or else you will lose everything. You have no problem , you are in status right now, so why worry? They won't issue NTA because they have no reason to. They only issue this to people who overstayed their visas and other immigration problems. If you won't go, you might get what you're asking for and that's NTA.I know how difficult it is to go but this the law now hopefully they (Washington) should come up with something that really works. No terrorist will come forward and register we all know that. The people who are affected are the innocent and law abiding citizen like you. Goodluck.

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                    • #11
                      Brownfox, following is the entire post; do you still stand by your previous advise?

                      I initially came to USA on F-1, got married in USA (my wife is an LPR) while I was attending school, and then fell out of status in 1999 after leaving the graduate program. From 1999 to early 2002 I worked fulltime without permission from INS and by claiming US citizenship on I-9. When I applied for V-status, I did not mention this work history on I-539/I-765; neither did I file taxes for income during this period. Then, I obtained V-1 status and EAD in August 2002, and currently I'm working fulltime. Now that I have to go for special registration, what can I expect from INS?! As far as I know, F-1 student is admitted (when I was admitted, it may have changed since then) DURATION OF STATUS, and unless INS officially declares the F-1 student out of status, he/she does not continue to accrue overstay. So is that plausible to INS for my status between 1999 and 2002? Should I get an attorney to accompany me to the registration interview? How extensive a source of info will INS have access to pertaining to my particular case? Should I expect punitive measures from both INS and IRS? Please advise. Thanks.

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