Need some legal status

[Sugarpuff]

I don't know if the the V-1 an option as I thought to qualify the I-130 had to be filed prior to December 21, 2000 AND you have to have been waiting for at least 3 years for the number.

Please let me know if I am incorrect.

Thanks

[LPRSpouse]

Hi again Sugar - the filing date would have to be the time you said - so I am guessing it would not help. But I got excited about what Nthpole said - I totally forgot about that new thing = where they are approving I130's when they care closer to giving you a visa number - so that is nice. My only problem is the status - if only the college had just allowed me to keep my status....now I wonder what will happen if the visa center is ready for me....

[Sugarpuff]

if nthpole is right then you should be able to file the I-485 shortly and with it the I-765 application for the EAD. My advice is don't work until you are allowed to legally. You do not have to be in valid status to adjust BUT if you are aprehended in the mean time (these days it could be for any reason you are otherwise arrested: traffic violation etc) you can still be removed. However as a former student the overstay law applies a little different to you. You do not start to accumulate time toward the 3 or 10 year bar (180 and 365 days respectively) until an immigration official tells you that you are indeed an overstay. So in other words as long as you are not doing anything else illegally (such as working) you should make it to adjustment.

If anyone else has a view, I would like to hear it.

[LPRSpouse]

Thank you sugar....I will keep you posted on what happens....though I have done a small contract job (online thing) - will have to file taxes - so I guess I am screwed - but we will see....I feel kinda good...thanks alot....

[Sugarpuff]

Just don't lie from this point forward; not to an immigration officer or on the I-485. If they ask about school tell them the truth and do the same about the work. It is harder to defend fraud or perjury than it is a status violation. I think you will be fine though.