Out of Status F1 Student to AOS Interview!

[SJFilguy]

Hello Everybody!I have this problem,I came here in the US as a V2 Visa,and that V2 visa was expired when i turned 21 years old on Nov.2002.So i applied for F1-Visa to be in status.That F1 Visa was approved and the 1-94 says Valid for Duration of Status,but the thing is my school only allow me to attend my Nursing Classes from Nov.2002-July 2003 so that was 9mos.When my classes ended last July 2003,i am not be able to go to school anymore because the Designated School Official wont allow me to re-enroll again because the normal length for that Nursing Review is only for 9mos.And i couldnt go to another school to enroll because of financial problems.So i stop attending school July 2003.Since i have a pending family based petition F2A,Child Under 21 years old of a LPR,and i got a benefit from CSPA too,beacuse i am already 22 years old and 2 months the time when my priority date become current.So January 2004 my priority date is already current.I went to a Lawyer,and he advised me to file for Adjustment of Status,2 months later i received my EAD card so i am able to work by then.Nearly 4 months later since i sent my application for Adjustment of Status,i received my appointment letter for the Interview and my interview is on the end of May 2004,and my Lawyer is coming with me on my interview date.So my problem is,i know that since i am adjusting from F1 visa to LPR and i am not currently attending school since july 2003.Is there any possibility that the Immigration Officer will ask me if what school i am currently studying right now?And is he going to ask about my I-20?I know that i've been out of status for 6mos before i file for AOS Family Based Petition.How much are the chances for me to get my Greencard?Are they goin to deny my AOS application?And What if they will deny my application,what are they goin to do with me,are they goin to deport me?And what else can we do with my attorney?And what are the possible things for me to do to stay here in the US?My whole family are here now,and i dont have anymore relatives in my home country to live with.So i hope the Immigration Officer will soften his/her heart,because i do not know what to do anymore.The only thing that i could do right now is pray to GOD.And please can you answer my questions and advice me what to do,so that i will know what to do.Thank you so much and may the GOD bless you.

[SJFilguy]

Hello Everybody!I have this problem,I came here in the US as a V2 Visa,and that V2 visa was expired when i turned 21 years old on Nov.2002.So i applied for F1-Visa to be in status.That F1 Visa was approved and the 1-94 says Valid for Duration of Status,but the thing is my school only allow me to attend my Nursing Classes from Nov.2002-July 2003 so that was 9mos.When my classes ended last July 2003,i am not be able to go to school anymore because the Designated School Official wont allow me to re-enroll again because the normal length for that Nursing Review is only for 9mos.And i couldnt go to another school to enroll because of financial problems.So i stop attending school July 2003.Since i have a pending family based petition F2A,Child Under 21 years old of a LPR,and i got a benefit from CSPA too,beacuse i am already 22 years old and 2 months the time when my priority date become current.So January 2004 my priority date is already current.I went to a Lawyer,and he advised me to file for Adjustment of Status,2 months later i received my EAD card so i am able to work by then.Nearly 4 months later since i sent my application for Adjustment of Status,i received my appointment letter for the Interview and my interview is on the end of May 2004,and my Lawyer is coming with me on my interview date.So my problem is,i know that since i am adjusting from F1 visa to LPR and i am not currently attending school since july 2003.Is there any possibility that the Immigration Officer will ask me if what school i am currently studying right now?And is he going to ask about my I-20?I know that i've been out of status for 6mos before i file for AOS Family Based Petition.How much are the chances for me to get my Greencard?Are they goin to deny my AOS application?And What if they will deny my application,what are they goin to do with me,are they goin to deport me?And what else can we do with my attorney?And what are the possible things for me to do to stay here in the US?My whole family are here now,and i dont have anymore relatives in my home country to live with.So i hope the Immigration Officer will soften his/her heart,because i do not know what to do anymore.The only thing that i could do right now is pray to GOD.And please can you answer my questions and advice me what to do,so that i will know what to do.Thank you so much and may the GOD bless you.

[ardainia]

I think I need clarification. You came over on an F-1 visa, but you had a family based AOS pending? Now your priority date is current and tehy are interviewing you to become a LPR based on AOS family based? Your attorney filed paperwork for it, you will be interviewed. Is your question is you came on and F-1 but are not a student right now (financial reasons) can you still adjust on AOS family based? Please claifiy so we can help you out.

[SJFilguy]

No I Came here on July 2002 US using "V Visa"(V2) and that V visa expired prior to my 21st birthday.So when my V2 visa expired i filed for an F1 visa to be in status,but i only attended school for only 9mos,Nov.2002 untill July 2003.So i didnt go to school anymore from July 2003 up to the present.Because my DSO said,that is the length of my review studies and i couldnt re-enroll for that specific Nursing Classes.And i couldnt go to another school because of financial reasons.And then January 2004 the priority date for my F2A Family Based Petition become current.So me and my lawyer filed for AOS to become LPR.And i already got my interview date,and i will be interviewed by the end of the month of May.What shall i do now?Please help me,thank you so much.

[ardainia]

Okay...I think I understand. Yes, they will ask you what have you been doing while you here. YOu tell them the truth, (your lawyer should advise this, if he/she doesn't get another lawyer) and let them know of your financial reasons. However, you should still be able to adjust status because you were inspected on entry, and you aged out of the original petition. However, bring all teh documentation of what you did while you were, schooling, grades, etc and also it might help to provide what you plan on doing once you do becaome an LPR, is it possible to get a letter from possible employer that would hire you if you were a LPR, or can you prove with the schooling you took you are employable in the field your classes were in? Anyway, talk this over with your lawyer, that is what you are paying them for. However, I do not think that there will be a problem with the AOS.

[Mo]

As long as you didn't work illegaly during the overstay of your visa and no criminal record while you were in the US.... they might understand the circumstances.

[SJFilguy]

Thank you so much for your advices,it is a big help for me.Because im so worried about my interview,coz ive waited for a very long time for my petition to be current.And me and my sponsor spent a lot of money to hire a lawyer etc.Thank you very much!Any further advice?

[ardainia]

Good luck though, and let us know how your interview turns out.

[Katycab]

OK- this is a bit out of my area, and I didn't read your post throroughly *but* this is my opinion of where I think you are:

You were in status until 60 days after the end of school because of your F-1 (duration of status I-94).

Your AOS app was approvable when filed in January- after that was filed you were then in status as an adjustment applicant.

SO- you have a gap in status of less than 180 days- therefore not a bar to adjustment. Of course adjustment is *always* discretionary- it is considered a privelege.

I wish you the best of luck.

[SJFilguy]

Thank you katycab for sharing your opinion,this is a big help for me on preparing to my interview this end of the month.Any further advice and opinion out there?

[LPRSpouse]

To Katycab - are u saying in fact, that if a F1 student is out of status which is less than 180 days, and have no criminal record or worked without permission - that they MIGHT be able to do AOS?

I am F1 out of status too, hoping that my I130 approval will be coming soon - so I was wondering if it did - if they would allow me to adjust my status. My husand is LPR and he filed for me back in Dec 2002.

[LPRSpouse]

Good luck to you SJF...I am anxious to hear how things turn out - as I suspect I might be in the same position soon.

[Katycab]

LPR-

Unfortunately your time will not be tolled. Your husband is only an LPR, and so you were not eligible for *adjustment* back in 2002. He filed a I-130, but the clock does not stop on accruing time out of status until an AOS is filed, and for you that could not happen until there was a visa number available for you. SJF said that his date was current in January, before he had 180 days.

If somebody does apply for adjustment before being out of status for more than 180 days, and they are not otherwise inadmissible, they are eligible for adjustment.

However- since your application is based on your husband, there is another option. If he were to naturaliza your application could be upgraded and you would keep the old priority date, and any amount of overstay would be forgiven.

I can't say enough how much I recomend that eligible residents seek citizenship.

Good luck!

[LPRSpouse]

Hey Katycab - I am soooo with you on eligible PR naturalizing themselves...however, ny husband still has another 3 1/2 years before he can do that. So, I am strongly contemplating staying here with him - being out of status - as I cannot afford the $27000 Ineed to continue school. Then hopefully when he gets his citizenship, he would be better be able to help me - assumuming that they don't deport me for overstaying so many years !

[SJFilguy]

In my case my petitioner is my mom she is still an LPR but she filed for Naturalization already,and she's still waiting for her fingerprinting schedule and all that stuff.My Preference Category is F2A-Child of an LPR under 21 y/o,and i aged out but the NVC applied the CSPA thing.I've been out of status from july 2003 until i filed for an AOS last January 2004.So that was less than 180 days,so what are you trying to say katycab is i am still eligible to adjust or get my greencard even if ive been out of status for several months?Where can i see that law so that i could check and clear things up.Becuase im so worried for my interview.thanks!