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  • #31
    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.

    Comment


    • #32
      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?

      Comment


      • #33
        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.

        Comment


        • #34
          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?

          Comment


          • #35
            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.

            Comment


            • #36
              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

              Comment


              • #37
                Kenny

                I do appreciate your advice and opinions on my situation.

                Thanks again

                Best,

                Mo

                Comment


                • #38
                  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

                  Comment


                  • #39
                    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.]

                    Comment


                    • #40
                      bump

                      Comment


                      • #41
                        BronzeLady

                        I would like to hear your opinion on this topic.

                        Thanks

                        Comment


                        • #42
                          What is the priority date on your I-130 (if not approved yet when was it filed)?

                          Comment


                          • #43
                            BronzeLady

                            For privacy reasons - I can only tell you the month/year: November, 2000.

                            They are currently processing OCT 22, 2000. So, it will become current with in couple of months at the latest - and I will file my I485 at Boston - waiting time for interview is about 6-8 months.

                            Are potential problems ahead?

                            Thanks

                            Comment


                            • #44
                              Did I ask you any privacy questions? All I asked you was the priority date. Don't be so jumpy. Worst case scenario is that an officer would ask you to file the Supplement A and pay the $1000 penalty fee. Just have the money ready just in case. ABOVE ALL: DO NOT LIE OR HIDE THE TRUTH!!!!! The fact that you were out of status for a brief period of time is a minor thing. Your lying about a material fact (and it IS a material fact) is not. Lying makes people wonder what else you may be lying about. Yes, there are systems the officers can check to find out if you stayed in status. CIS officers are not "approval jockeys" as some on this site would have you believe. They deny plenty and you are filing in Boston??? Don't give them the opportunity to deny your case on a technicality.

                              Comment


                              • #45
                                BronzeLady

                                I appreciate your input on my case.

                                So, even if I was out of stats for more than I year - and then managed to get back in-status (with new I20), I wont be falling under the 3/10 year ban? I have no plans of leaving this country until after AOS.

                                Also, what is the $1000 fine and Suppliment A for? is it for the 245i? I dont think that applies to me - since I came to the US June 2001 - 6 months too late when the act has been signed (Dec 20, 2000 - which required a physical presence at the time).

                                My father is a USC, I am over 21 - my priority date is about to become current - and when it does - I will file I485 @ Boston District Office.

                                As far as the AOS officers checking my status - under SEVIS - I am attending school with valid I20.... but as I mentioned above, will a one year of "over-stay" be forgiven?

                                Comment

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