duration of status

[marinukas]

I am so close to going outside the USA for the interview for my GC through employment, but I am so scared. My attorney has been saying that I am under duration of status right now and I always thought that I was out of staus for a few years. Does duration of status means tjat you are legally???? do immigration officers from outsiede US know that I am under duration??? What are my chances of getting GC???
thanks.

[marinukas]

I am so close to going outside the USA for the interview for my GC through employment, but I am so scared. My attorney has been saying that I am under duration of status right now and I always thought that I was out of staus for a few years. Does duration of status means tjat you are legally???? do immigration officers from outsiede US know that I am under duration??? What are my chances of getting GC???
thanks.

[marinukas]

can you appeal if they deny your GC???

[ProudUSC]

Hi Marinukas,

Why don't you share more details. You're not providing enough information for anyone to help or advise.

[Rough Neighbor]

Hi Marinukas,

Based on your old posts you came in under J-1 visa category, then after receiving a 2-year foreign residency waiver you changed your status to F-1. Then an employer petitioned you for an H-1B visa classification which was denied for your lack of baccalaureate degree. Your lawyer afterwards filed a PERM application and the subsequent I-140. But because you've been out of status in the US, your lawyer advised you to go out and do a consular process when your priority date becomes current. But I'm sorry to disagree with your lawyer that the 'duration of status' protection covered your nonimmigrant stay from 2005 up to now as a foreign student under F-1. It's very unlikely that you have stayed enrolled full time all through these years. Have you? Now if you would get out of the US for the consular processing of your employment-based green card application, it would surely be denied and you'd be barred from reentry within 10 years.

http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/4...10379441#46010379441

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by marinukas:
My attorney has been saying that I am under duration of status right now and I always thought that I was out of staus for a few years. Does duration of status means tjat you are legally???? do immigration officers from outsiede US know that I am under duration??? </div></BLOCKQUOTE> Well, I'll try to explain. You are out of status but because your I-94 was marked D/S, you don't start accuring unlawful presence until it has been officialy determined that you are out of status... I don't realy understand the purpose of this, but that's the way it is.

Now, "officialy determined" means found to be in violation of your status by an immigration officer. Has that ever happened? The worst part is that you may not know about it... Do you know if your school informed USCIS when you stopped taking classes (they suppose to)?

I hear that people in similar situation (out of status with d/s), who went for a consular interview, faced 2 scenarios: for some that was no big deal, the others had to have a waiver approved before they could return. Without knowing all the details of particular cases, it seams that it depends on the consulars' interpretation of d/s.

Is that the same lawyer that advised you to go for the consular processing because you were not "in status" and able to adjust in USA?

[speed_025]

pushing this thread up