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Out of Status F1 Student to AOS Interview!

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  • #31
    Yes,the officer ask me if i am currently attending school right now.And i said,Actually I took 2 semesters of Nursing Review Course last year and i stop attending school last july 23,2003 because my brother in law was laid off last march 2003 untill he finds another job last september 2003,so my brother in law ask me if i could just study by myself because he couldnt shoulder my expenses while im in school and he doesnt have a job to support me.So then i told him that i have no choice just study by myself and stay home.Then he interrupted me and ask "So you didnt work Ilegally while you're studying by yourself?"then i answered,"No Sir".So that is the only question that the officer ask about the F1 Visa thing,and he didnt even ask about my I-20.So any further questions guys?Coz i want to share and help you while you're waiting for your interviews too.OK?


    • #32
      That's great dude.

      Looks like the BCIS gives special discretionary to F1 students at AOS. I am really suprised he didn't take your "off-school" period seriously. I am in the same boat, with I20 problems... have valid one now, but fell out of status for more than 180 days in the past for financial problems. Do you think I am going to have AOS problems at the interview SJFliguy?

      By the way my dad is a USC, and he filed I130 fore me as over 21 child. I hope that helps a lot when I get an interview.



      • #33
        I've done alot of research for years before i filed for an adjustment of status,and what i know about your case is.Since your petitioner is a USC.You dont have a problem for your AOS in the near future,even if you violated your status or worked without permision.Because you are the IMMEDIATE RELATIVE of an USC,and that is your benefit.So your so lucky man,because ur petitioner is a USC.By the way,when is your priority date and what is your area of chargeability?Because mine is in the Philippines.Anywayz you can read this facts and im pretty sure that your case will fall onto this information.okay!Goodluck man!

        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."


        • #34

          My dad is a USC, but I am not immediate relative.... I am his over 21 son. So, to be immediate relative - you have to be under 21 son/daughter.

          The only way I violated my status was because of financial problems... and I didn't work at all, and no criminal record. It's just simply overstaying my visa in the past for over 180 days. However, now I have an F1 status, and have been attending school full time.

          Will they deny me to AOS due to this problem?

          PS. My priority date is DEC2000 - they are currently processing OCT2000 - it will be current sometime this summer (hopefully). I will file I485 at Boston district office, I heard good things about that office (fingers-crossed).


          • #35
            Congratulations SJFilguy!!

            Mo, I am on a same boat as you are. My father is a US citizen & I came to US on F1 visa. My father applied I-130 for me in Dec 2000(I was over 21 at that time). Till Fall 2003 i was attending school but during that period I had to drop couple of semesters or wasn't enrolled full-time for couple of semesters due to my father's illness & financial problems. He underwent multiple by-pass surgeries, my siblings who now are in US were in my home country at that time, so I was the only family he had here.

            In May 2003 my I-120 expired & I got one month's extension on it. My D.O.S advised me to travel outside USA for reinstatement before attending the next semester.

            I consulted a lawyer about the situation as I wasn't feeling comfortable travelling outside the USA with my current situation. That lawyer advised me not to travel & wait quietly till my priority date becomes current. I never worked illegally during my stay in US despite my financial constraints & I do not have a criminal record.

            My whole family is in USA now & I do not have any other place to go back to

            I need some input from fellows on this discussion board like... what are my chances of getting AOS and going through my interview.



            • #36

              Wow! - We are exactly on the same boat, especially both of us having DEC00 priority date (doesn't it **** to keep your eyes on the DOS visa bulletin every month. on Family 1st cut-off dates - they are so D.A.M.N slow!).

              I hope we won't have problems, although I would love both of us to keep in touch and see which one gets an experience 1st on AOS.

              How long did you so far overstayed your visa? and Why did the lawyer make that recommendation - for telling you not to leave the country, and whats the purpose to wait for priority date to become current first? - what is the reason behind that suggestion? I would love to know that - cause it may apply to me too.

              Hopefully, both our priority dates should become current in the coming months. Where are you planning to file your AOS?




              • #37
                You are right, it just is frustrating to see the pace at which dates are moving in NVC and constant staring at Oct 2000.

                My visa is current but my I-20 had expired last year in June.The reason my lawyer suggested not to go outside US to reinstate my I-20 because the chances of getting my I-20 reinstated were very slim. If i was denied reinstatement, I would have to go back to my home country and wait there to get things straingtened out. Plus I was out of status for few days during my F-1 status. So I will be looking forward for your interview as well.
                Good luk to both of us.


                • #38

                  What was the lawyers opinion on the chances of getting your AOS approved? is his approach more of "lets wait and see", or is he more optimistic that things will not be bad as we think?

                  Which district office will you file your AOS? I will file at Boston as soon as my priority date becomes current. It takes about 6 months to get an interview at Boston, and people who had interviews there had very good experience. I hope things go smoothly there for me too.

                  By the way... have you read anywhere that BCIS does SEVIS background checks on F1's who want to adjust status?


                  • #39


                    • #40
                      hey did they come after u when u went out of status ,did u tell your school .i just want details of what happened then .and if u have a valid work author working and out of status will they find u and deport u .please reply back


                      • #41

                        I wonder where this guy is. Any inputs from the professionals on my case:

                        A USC's son, over 21 with F1 status in the US. Previously overstayed my visa (over 180 days), and applying to AOS soon, any chance of adjusting status without problems from my previous overstay. My whole family is in the US, I can't leave and come back - 3/10 yrs bar will apply. Any ideas?

                        Anyone else in the same boat?


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