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Out of Status F1 Student to AOS Interview!

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  • #16
    Three more days to go before i go to my scheduled interview,im so worried about the interview.Any advice out there?Please help me,thanks.


    • #17
      What if the overstay was beyond 180 days... but inspected at entry, no criminal record, no illegal employment, and a son of USC over 21.

      Will there be problems for AOS? - the reason for the overstay was financial reasons.


      • #18
        how they can know if i worked or not ?


        • #19
          Hi all-

          The part of the law that deals with adjustment of status is Section 245. It is really difficult to read through because it gives the rule, and then the exceptions, and then the exceptions to the exceptions, etc.

          Generally one can adjust status from a non-imigrant visa to an immigrant visa if they qualify for a visa number (or are in a category without numercial limitations) and file for AOS within 180 days of falling out of status.

          BIG EXCEPTION- 180 day limitation does not apply if you are applying for AOS based on immediate family of a citizen. That would be spouse, parent, or unmarried child under 21 of a USC. These people can file and qualify for AOS after any period of overstay.


          • #20
            How about a son of USC over 21... who overstayed 180 days, who was inspected at entry, no criminal record, no illegal employment. Jus have been in financial crisis that caused the overstay... will he/she be pardoned for AOS?

            Can't anyone answer this question? is there no one else?


            • #21
              My mom (petitioner) is not yet a USC,she's still an LPR.


              • #22
                I guess no one listens (at least those who are specialists in the immigration field).


                • #23
                  Here is where things stand between USCIS & SEVIS (F1 student status) to determine if an AOS F1 applicant overstayed or not.... seems to me there isn't much communication between the USCIS and SEVIS (As it should be). ICE tracks students thorugh SEVIS - while USCIS just simply looks at simpler things (like if you entered with valid inspections as background check, but not status violation background check). Looks like an F1 to AOS can get away with previous overstays via USCIS (read below).

                  Source: NAFSA - 02/2004.

                  USCIS Should Utilize SEVIS To Streamline Service:

                  As part of DHS, USCIS has the opportunity to benefit from its status as a separate bureau while tapping into the resources of the department. Adjudication of petitions filed by students, exchange visitors, and scholars is an area where the agency could make great strides to improve service while saving time and money. These foreign nationals are not unknown to DHS as they are in the Student and Exchange Visitor Information System. This system began its existence under the control of USCIS, but was later transferred to Immigration and Customs Enforcement. These foreign nationals are highly monitored and tracked from before they enter the United States until their departure. SEVIS contains information on each person, including date of entry to the United States, the school or program of participation, home address, course of study (when appropriate), and much more. Those in SEVIS are arguably the most monitored foreign nationals (outside the penal system) in the country.

                  Within an appropriate allocation of resources, USCIS should have the ability to harness the information on a foreign national in SEVIS when an application is filed with the agency. Access to a SEVIS number opens a window onto all the activity of the foreign national. This provides proof of proper entry into the country, a completed background check, continuation of lawful status, and fulfillment of status requirements, home address, dependents, and other information. Filings for these persons should be streamlined because of the vast amount of information readily available within this ICE system. <<< (so, SEVIS falls under ICE alone? but not the USCIS?)

                  USCIS Should Permit Those in SEVIS To File Petitions Electronically:

                  Building on SEVIS, USCIS should allow petitions for those in SEVIS to be electronically filed. For example, if a student graduates from a U.S. university and files for H-1B employment, the information required by USCIS is already in SEVIS. The extensive record provides proof of a background check, of proper status while in the United States, educational requirements and dependents that are in the country. The only item missing would be the approved labor condition application issued by the Department of Labor. DOL approves the LCA online, and a confirmation of an approved LCA could easily be matched to the e-filed I-129 H-1B petition. Electronic filing for someone present in SEVIS should also be extended to applications for Employment Authorization Documents, adjustment of status, and change of status. This streamlined process would maintain a continuous history of the foreign national's activities while in the United States. It would build on the SEVIS system managed by ICE, maximizing the resources of DHS while providing enhanced service to those applying for an immigration benefit. It would also benefit security because it would allow quick identification of any anomalies in status while also providing a history of background checks conducted on a specific individual. <<< (this is the part I am concerned about!)

                  SEVIS provides a wealth of knowledge for USCIS on those who have a SEVIS record. When a person tracked in SEVIS applies for benefits with USCIS, they are not unknown to DHS and should not be treated as such. USCIS needs to use the data in the system to best utilize its resources and to fast-track student applications

                  Increasing application fees is not the answer to the ongoing challenges the bureau faces in meeting the needs of those who seek immigration benefits. The bureau must employ new ways of thinking about the processes involved in adjudicating petitions to harness the potential of programs already implemented. <<< (sounds like a recommendation to catch F1 overstayers through USCIS, ultimately getting denied for AOS!).


                  • #24
                    MO- If youare an adult child of a USC then you are not eligible ofr AOS until a visa is available. If that does not happen within 180 days of becoming out of status, you are not currently eligible to adjust (under current law). If someday you ended up marrying a USC, then you would be able to adjust as a spouse, and all time out-of-status could be forgiven.

                    SJF- I understand that your parent is still not a citizen, *but* your visa became available within the 180 day timeframe, didn't it?


                    • #25

                      My question is... what if I am in status now, but previously have been out of status for more than 180 days. Will the USCIS know through background checks, and is SEVIS invloved in the background check, or do they just rely on the documents (I20) provided with the I485?



                      • #26
                        I think it is difficult what to expect and what to not expect all you need to Pray like you said. Some lawers are good and others are not so good. If INS approved ya interview I don think there should be a problem there. if so why they approved you in the first place? see what I'm talking about . you be fine


                        • #27
                          That's my point... to be granted an interview from F1 to AOS (who had previous overstay more than 180 days), will SEVIS check play a role (which I doubt the BCIS has the resources to do that type of background check for everyone)?


                          • #28
                            Gosh!i cant believe my AOS was approved earlier today!My interview went okay,and the only problem is that the Immigration Officer concluded that i couldnt adjust status because i was aged out.That is his conclusion the day before my interview.But the officer and my lawyer calculated my age earlier and they found out that i am still eligible for CSPA.So thats it!And the officer ask me those usual and simple questions,for example if i was married before etc.Then the officer said that we'll just wait outside for about 5-10mins,and then he will give me my passport with I-551 stamp on it.And a letter stating that i was granted for greencard bla-bla-bla.Then after 10mins the officer came back and gave me my passport with a stamp and a letter!!!!!!!!!!So i was so shocked about it,i cant believe that i am now A LEGAL PERMANENT RESIDENT!!!!!!!!!!!Its so amazing!yahoooooooooo!After all these years that ive been waiting for my greencard and now i could have it.So i would like to thank to our Almighty God for giving me this blessing.And i would like to thank also for all of you guys for all your support and advices to me.One more thing,how long it will gonna take for me to receive my greencard?thanks!


                            • #29
                              Well congratulations - I hope all your dreams will now be realised !! Godd luck !!


                              • #30
                                Congratulations SJFilguy, I am happy for you man!

                                Did the officer ever brought up your International Student issues, your I20, or whether you have been out of status previously or not?



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