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  • SEVIS, I-20 and USCIS

    Quick Question...

    For AOS purposes, does USCIS tap into SEVIS to check status of F1 adjusting to greencard? - and why is that necessary if you submitted the I-20 with your I-485 (AOS application)?

    Also, anyone aware of chances of adjusting - a student who have been out status less than 180 days, due to financial reasons? - I-94 says Duration of status, therefore not subject to 3/10 yrs bar until USCIS official determines it.

    Thanks and Enjoy your Holidays.

  • #2
    Quick Question...

    For AOS purposes, does USCIS tap into SEVIS to check status of F1 adjusting to greencard? - and why is that necessary if you submitted the I-20 with your I-485 (AOS application)?

    Also, anyone aware of chances of adjusting - a student who have been out status less than 180 days, due to financial reasons? - I-94 says Duration of status, therefore not subject to 3/10 yrs bar until USCIS official determines it.

    Thanks and Enjoy your Holidays.

    Comment


    • #3
      HI Mo,

      I'm also on a student visa and I am planning to adjust my status based on marriage. Could you tell me how it works?
      Thank you!

      Comment


      • #4
        chiquita

        I am adjusting status through my US citizen father, it's different from marriage-based greencard. To adjust from F1 to marriage-based greencard - obviously, your spouse have to be a US citizen - just file I-485 with all the supplemental documents needed for you to adjust.

        The catch is, once you get a greencard, it will be a conditional greencard, if you and your spouse just married.

        Good Luck

        Comment


        • #5
          USCIS can access all of your records although all employees can not access all systems. It is just easier for them if you include a copy. Thus, they require it.

          The 3/10 bar never affects AOS if you do not leave the country. Students aren't generally subject, because the bar requires 180 days of unlawful presence. Students can violate their visa status without unlawful presence.

          Valid status is required for employment based AOS. There is also a 180 day aggregate of failure to maintain lawful status which comes into play against religious and employment cases.

          Comment


          • #6
            Old Man... how old are you by the way?

            So, if students aren't generally subject to 3/10 yrs bars, what will happen to a student with less than 180 days overstay, can that student adjust status? - Clarify it for me please, I know what happens if the overstay is over 180 days... what is the faith of a student with less than 180 days - as far as family-based AOS?

            Thanks

            Comment


            • #7
              Once you fall out of status of being a student, you have 60 days to leave the country/transfer to another school. If your 60 days is up and you remain out of status AND the INS gets to know about it, they are free to punish you by denying you access to certain privileges, such as traveling on AP while you are adjusting.

              It's necessary to submit your I-20 with your I-485 application because looking at your I-20 is one of the best ways to see if you've overstayed.

              Comment


              • #8
                I was here at the beginning, but have forgotten the name I used back than. That's how old.

                What happens to students? Nothing, unless DHS or an IJ cancels their status. Drop out of school, hang for a year, marry a USC, file for AOS, get AP, go home, come back, get a green card. USCIS may deny your AP, but they would be wrong and you can get it reversed. Customs may deny you entry, but they would be wrong and have to let you in.

                Now with SEVIS, ICE follows up a lot faster (supposed to anyway.) When status is canceled, unlawful presence begins. If you have 180 days of unlawful presence and leave the US, 3/10 year bar. Unlawful presence and the 3/10 year bar never apply if you do not depart the country.

                Comment


                • #9
                  Old Man... nice excuse for your nick, no one easily forgets their old nick.

                  So, is ICE involved in the AOS process? - if so, SEVIS help-desk told me they don't get status-check enquiries from ICE on international students adjusting to greencard, and considered rare if there is any (not suggesting it never happend before).

                  My I-20 expired August 13, 2004... that's little over 4 months ago. That's is less than 180 days overstay, including the 60 days grace period students are given to leave the country. I will be filing for AOS next month, so make that 5 months overstay.

                  Here is the tricky part though, even though my I-20 expired, I have continued to attend school (don't ask me how ), and have transcripts to prove it... if I file AOS with the college transcripts and my expired I-120, it might show that - my intentions were always to stay in school... and financial problems lead me to overstay. Anyways, aren't students also given 5 months to apply for extension, if their I-20 expired? - That's also another interesting point.

                  Ok... so, I have also never worked illegaly, and never committed a crime while in the US, everythings else is cool . Will this less than 180 days be forgiven, since I am not triggering 3/10 years bar (I have no plans over travelling outside the US)... I was inspected to the US through F1 visa, and even went to the "Special Registration" with no problems.

                  Wise opinion needed (i have an attorney already looking into this - he just got all my documents).

                  Thanks, and have fun this weekend.

                  Comment


                  • #10
                    JohnDoe

                    Khat is illegal in some state, like Minnesotta, where a lot of Somalis live. You can get Henna from asian-indian stores, or mediteranian grocery stores.... that stuff is cultural, so you can't find them in any store.

                    Good Luck

                    Comment


                    • #11
                      where is old-man when you need him to reply?

                      Comment


                      • #12
                        I remember a few, just not the first.

                        SEVIS is run by ICE. ICE is involved with the "apprehending visa violator" process. ICE is not involved with AOS unless USCIS refers the case.

                        The paper print out expired? It doesn't matter; the computer record is the important factor. If you are continuing your studies, you are most likely up to date in the computer, and therefore still in status. When was the last time you talked with the DSO?

                        Problems with AOS- if you are in status, you won't have any. If you fall out of status before filing for AOS, you can not receive a green card in the US unless you are an "immediate relative" or are grandfathered in under 245(i) from an old petition.

                        Khat contains a controlled substance and is illegal in the US. http://www.usdoj.gov/ndic/pubs3/3920/

                        Comment


                        • #13
                          So... what if the paper (I-20) expired, and not in the SEVIS database as active, but still attending school full-time? - Can I still AOS with my school transcripts?

                          Last time I spoke to DSO was more than a year ago.

                          I can't be grandfathered under 245(i), because of the Physical Presence Condition (Dec 20, 2000) - I didn't come to the US until summer 2001, and I am not an immediate relative (over 21 son of USC).

                          Any other advice?

                          Thanks

                          Comment


                          • #14
                            Also, my priority date is current... does anyone think (besides Michael and his followers) that I should not bother with AOS?

                            Comment


                            • #15
                              It sounds like you are OK. Talk with the DSO to: make sure that you are in status, get an updated I-20, file for OPT after you graduate. If your priority date is current, file for AOS.

                              Comment

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