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hold a B2 visa, just graduated, no OPT, am I illegal? Please help!

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  • hold a B2 visa, just graduated, no OPT, am I illegal? Please help!

    Hi there, I just graduated from a college and due to my less than full time(12 credits) enrollment in 2 of the previous semesters before, my school don't allow me to apply for OPT(optional pratical training). The school people also told me I cannot have the automatic 60 days legal stay because I was once fallen out of status before..so I must leave as soon as possible.

    I graduated in May and I am still in US. Does that mean I am illegal to stay here right now? What can I do right now? will a lawyer help? I entered US with my B-2 visa and applied for a change of status to F-1. Does it help if I enroll in a community college right now just to keep my stay legal before I find good solution? Should I close my bank account and stop using my credit card right now because I am illegal?

    another concern is: My parents is filing their I485 and will plan to apply for me and my brothers once they get their green card. if I am staying here illegally right now, will that affect the chance of getting a green card years later?

    Thank you very much for your help. Any input is appreciated! thanks

  • #2
    Hi there, I just graduated from a college and due to my less than full time(12 credits) enrollment in 2 of the previous semesters before, my school don't allow me to apply for OPT(optional pratical training). The school people also told me I cannot have the automatic 60 days legal stay because I was once fallen out of status before..so I must leave as soon as possible.

    I graduated in May and I am still in US. Does that mean I am illegal to stay here right now? What can I do right now? will a lawyer help? I entered US with my B-2 visa and applied for a change of status to F-1. Does it help if I enroll in a community college right now just to keep my stay legal before I find good solution? Should I close my bank account and stop using my credit card right now because I am illegal?

    another concern is: My parents is filing their I485 and will plan to apply for me and my brothers once they get their green card. if I am staying here illegally right now, will that affect the chance of getting a green card years later?

    Thank you very much for your help. Any input is appreciated! thanks

    Comment


    • #3
      It is true that right now you are out of status. When your parents will become permanent resident they can sponsor you. You will allowed to stay only if 245(i) is extended and there is every likelyhood that it will be extended soon.
      In the meantime, you should consult some good Immigration Attorney in this matter who specializes in this field.
      Good luck.

      Comment


      • #4
        Thanks for your reply, can you explain to me what is the 245i? Does that mean I have to return to my home country asap then?
        Thanks!

        Comment


        • #5
          could anyone please give me further advise? am I illegal right now? do I need to head back to my home country ASAP?

          Comment


          • #6
            if you stay more then 180days without status , you will be bared for 3 years to adjust in future, and more then 1 years illigal stay will earn you 10 year bar, you better leave ASAP to protect your self in future as your parents are fileing for you..

            Comment

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