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  • Mo
    replied
    bump

    Leave a comment:


  • Mo
    replied
    Kenny

    I did get here as F1 (inspected), my current status is F1 (although I will not bring-up my little story about previous overstay). I have the documents (I94, I20 and Visa) to proof both. Thats all I have to talk about like you said.

    There will be other things to cover during the AOS interview anyways (I-130 approval letter, Dad's Citizenship and affidavit of support, and other supporting documents).

    Since the average AOS interview is about 15-20 mins, I doubt they will get into too many questions if everything they ask (As I am hoping) goes well.

    Thanks again Kenny.

    Mo

    P.S.

    - During the AOS application process - I don't have to remain F1 status right? So, if they ask me what my current status is at the interview - will it be the status when I applied or as of the date of the interview?

    [This message was edited by Mo on February 26, 2004 at 01:45 PM.]

    [This message was edited by Mo on February 26, 2004 at 01:46 PM.]

    Leave a comment:


  • kenny
    replied
    Mo,

    Your school should have checked it. They key is your current legal status. If INS ask you what is current status, you are telling F-1 and nothing more. If they ask you how you came here,, you are telling F-1 nothing more. In other words answer to the point. This example will clarify what i mean.

    If someone ask you "Do you have the time"
    The correct answer is yes or no (depending on whether you have watch). If you say 7 PM then you are talking more than you need to.

    I would still advice speaking to an attorney

    Leave a comment:


  • Mo
    replied
    Kenny

    I do appreciate your advice and opinions on my situation.

    Thanks again

    Best,

    Mo

    Leave a comment:


  • kenny
    replied
    Mo,

    Life is a difficult journey and sometimes we need to take risks. In your case you have taken some risk by being out of status at some period of time. However, you have very slim chances that would adversly impact your AOS application.

    You can not do anything but rather focus on studying. Your out of status vilation is quite trivial considering the fact your DAD is a US citizen. If i were you i would talk to an immigration attorney. You can even participate on attorney chat rooms at this site.

    I hope all goes well for you

    Best wishes

    Leave a comment:


  • Mo
    replied
    Originally posted by kenny:
    Mo,

    Is this the same school or a different school. Did you work during your out of status period. I mean received checks in a official manner (not cash payment). If yes did you file taxes?
    Kenny

    Thanks for posting again, I didn't work at all during my stay in the US - and have no criminal record. I just simply went out-of-status for a period around a year, and to get another I20, I had to get one from a Language school, who assumed I will be leaving the country and coming back in with another visa, this maybe illegal to do, but I just had no other way to get back on status, and i don't if I will get caught by the system... and be punished.

    So again, NO CRIME, NO WORK - simply a previous OVER-STAY.

    Leave a comment:


  • kenny
    replied
    Mo,

    Is this the same school or a different school. Did you work during your out of status period. I mean received checks in a official manner (not cash payment). If yes did you file taxes?

    Leave a comment:


  • Mo
    replied
    Originally posted by kenny:

    The background check/investigation INS does is more to do with your fingerprints. They are going to double check your response to your 485 questions. that is it.
    I hope this is true - then it means, that overstays can only be determined during an AOS interview but not prior.

    Leave a comment:


  • Mo
    replied
    Kenny

    I am over 21, which means not immediate family. I am on the visa waiting list, under Family 1st, and it will become current by april this year. I don't think past immigration violations are forgiven for this class.

    Is there a Plan B if the worst happens?

    Leave a comment:


  • Mo
    replied
    Kenny

    I really appreciate that input - I really do.

    I should add, I did obtain the 2nd I20 in a valid and invalid method. Its valid and authentic alright, but the school thought I left the country and came back... so they have me on SEVIS just like other F1 students.

    Is this an issue at all, and in AOS process do they look into that stuff? - I had to do this to be back in-status, and I can be quiet about it during my AOS - I dont think there is a question on the application which asks for that.

    Leave a comment:


  • kenny
    replied
    Mo,

    If you are applying as as immediate relative of a US citizen then I believe past immigration violations are forgiven.

    Did you say your AOS was based on your dad being US citizen. In that case if you are less than 21 then you are a immediate relative (I don't know when they start counting 21 years for you...application date or AOS intervie date)

    Leave a comment:


  • kenny
    replied
    Mo,

    You are on F-1 now, then you have a legal status. In other words you are doing what F-1 students are supposed to do...ie study. That is good. All they are going to check is questions on 485 (member of terorist group, felony, crime etc). Probably affidavit of support from your father (not sure about this) and your background check (checks your finger prints against FBI list).

    Technically your past out of status should not be an issue. No where does INS ask that. They ask you on what visa you entered the country? They ask your current INS status and 325 form asks your last five year address.

    However if your INS officer is a jerk, he or she can create problems. But iam doubtfull that can stand the court of law.

    The background check/investigation INS does is more to do with your fingerprints. They are going to double check your response to your 485 questions. that is it.

    However if you start telling about your temporary out status story then they will probe. So answer what they ask. No more or less.
    If you are worried check with a attorney. They will come to your interview

    Leave a comment:


  • Mo
    replied
    Originally posted by kenny:
    Mo,

    The question i would ask is how relavent is your out of status to AOS petition. This in turn depends On what basis are you trying you adjust your status. Why don't you clarify your case clearly by answering the following question and hopefully people can give you correct response.

    1.Is your case based on a pending labor petition or a family based petition.
    2. Your current immigrant status
    3. Are you applying under 2001 Life Act
    4. If its a based on a labor petion are you paying $1000 fine (This option closed sometime in 1998)

    Kenny
    Ok kenny

    1. family based petition.

    2. F1, in-status - however was out of status for a period around a year - due to not clearly understanding about transfer procedures between schools - but i have been going to school in that period - i have transcripts to proof it.

    3. It doesnt apply to me, due to Physical presence condition by Dec 2000, I entered the country Summer 2001.

    4. Doesnt apply again, due family based petition.

    Well, the 3/10 year bar doesnt apply to F1 students due to D/S on their I94, the overstay can only be determined by a judge or BCIS agent.

    Now, my intent was not to abuse my status, but to study full time as i did, and wasnt aware of my I20 expired due to a poor understanding of how the system works. My dad is a USC and i was continously going to school, and i am about to start a medical school, and i need this AOS to get federal aid.

    Any ideas guys of my case being "forgiven"?

    Leave a comment:


  • kenny
    replied
    Mo,

    The question i would ask is how relavent is your out of status to AOS petition. This in turn depends On what basis are you trying you adjust your status. Why don't you clarify your case clearly by answering the following question and hopefully people can give you correct response.

    1.Is your case based on a pending labor petition or a family based petition.
    2. Your current immigrant status
    3. Are you applying under 2001 Life Act
    4. If its a based on a labor petion are you paying $1000 fine (This option closed sometime in 1998)

    Kenny

    Leave a comment:


  • kenny
    replied
    Originally posted by marmaduk:
    He meant those who overstay their status and turn illegals will be able to do AOS upon marriage with USC.

    As for SEVIS, its linked to the FBI databases, so anything its possible. I think its pretty easy to detect the lapse of time between your stay, especially if you use the same SS#, then again I never understand how USCIS do their work/make their decisions.

    Leave a comment:

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