F-1 and I-130 Pending
Sep 19th 2004, 4:02 am
#31
Guest
Posts: n/a
Re: F-1 and I-130 Pending
Mo007 <member28317@british_expats.com> wrote in message news:<[email protected] om>...
< snip>
> Amanda
>
> How about the CSPA situation I asked on my previous post? am i eligible?
>
> Thanks
What CSPA? I can't remember the detail of all the posts.
< snip>
> Amanda
>
> How about the CSPA situation I asked on my previous post? am i eligible?
>
> Thanks
What CSPA? I can't remember the detail of all the posts.
Sep 20th 2004, 5:09 pm
#32
Guest
Posts: n/a
Re: F-1 and I-130 Pending
So, ideally, while waiting for I-130 pending, I should maintain my F-1
status. I'm not out of status yet. The idea that I won't come home for
more than 10 years is killing me. While waiting for the I 130 pending,
I shouldn't go out of the US because they won't renew my F-1 visa due
to the immigration intent. The only option is that when I finish
college, I can try to get H-1B visa so that I can come home. Is that
correct? Do you have any better idea that I can visit my home country
while waiting for the I-130 pending.
status. I'm not out of status yet. The idea that I won't come home for
more than 10 years is killing me. While waiting for the I 130 pending,
I shouldn't go out of the US because they won't renew my F-1 visa due
to the immigration intent. The only option is that when I finish
college, I can try to get H-1B visa so that I can come home. Is that
correct? Do you have any better idea that I can visit my home country
while waiting for the I-130 pending.
Sep 21st 2004, 2:14 am
#33
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
Originally Posted by Amanda
What CSPA? I can't remember the detail of all the posts.
My dad actually filed I-730 on March 1998 (as asylum petitioner), which I then aged out from in April 1999. He later re-petitioned (I-130) for me as a son of USC over 21 in Dec 2000. The I-130 was approved in Summer 2003.... priority date is very close to being current. As we talked about in earlier discussions, I fell out of status over 180 days with my F1 visa, and do not qualify for the physical presence condition of 245i. Am I eligible for CSPA, which came out on August 6, 2002?
I just feel I am running out of options.
Last edited by Mo007; Sep 21st 2004 at 2:16 am.
Sep 21st 2004, 6:00 pm
#34
Guest
Posts: n/a
Re: F-1 and I-130 Pending
Mo007 <member28317@british_expats.com> wrote in message news:<[email protected] om>...
> > Mo007 <member28317@british_expats.com> wrote in message
> > news:<[email protected] om>...
> > < snip>
> >
> > > Amanda
> > >
> > > How about the CSPA situation I asked on my previous post? am i
> > > eligible?
> > >
> > > Thanks
> >
> > What CSPA? I can't remember the detail of all the posts.
>
> Here it is again...
>
> My dad actually filed I-730 on March 1998 (as asylum petitioner), which
> I then aged out from in April 1999. He later re-petitioned (I-130) for
> me as a son of USC over 21 in Dec 2000. The I-130 was approved in Summer
> 2003.
>Am I eligible for CSPA, which came out on August 6, 2002?
I have to check what that CSPA is.
>
> I just I am running out of options.
> > Mo007 <member28317@british_expats.com> wrote in message
> > news:<[email protected] om>...
> > < snip>
> >
> > > Amanda
> > >
> > > How about the CSPA situation I asked on my previous post? am i
> > > eligible?
> > >
> > > Thanks
> >
> > What CSPA? I can't remember the detail of all the posts.
>
> Here it is again...
>
> My dad actually filed I-730 on March 1998 (as asylum petitioner), which
> I then aged out from in April 1999. He later re-petitioned (I-130) for
> me as a son of USC over 21 in Dec 2000. The I-130 was approved in Summer
> 2003.
>Am I eligible for CSPA, which came out on August 6, 2002?
I have to check what that CSPA is.
>
> I just I am running out of options.
Sep 24th 2004, 2:52 pm
#35
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"jake2002vn" <[email protected]> wrote in message
news:[email protected] om...
> So, ideally, while waiting for I-130 pending, I should maintain my F-1
> status.
Yes. Once the Priority Date of the I-130 petition becomes current, you can
file an I-485 application and you do no longer have to maintain another type
of immigrant status.
> I'm not out of status yet. The idea that I won't come home for
> more than 10 years is killing me. While waiting for the I 130 pending,
> I shouldn't go out of the US because they won't renew my F-1 visa due
> to the immigration intent.
There is a high probability that you will be denied entry, yes.
> The only option is that when I finish
> college, I can try to get H-1B visa so that I can come home. Is that
> correct? Do you have any better idea that I can visit my home country
> while waiting for the I-130 pending.
You could maintain F-1 status, and once your studies are completed, apply
for OPT, which gives you another year. After that you could look for a
company who can sponsor a work visa for you.
Since you haven't incurred a 3/10 bar yet, you could also simply return home
and wait for the I-130 to be approved.
Jozef
(Not a lawyer)
news:[email protected] om...
> So, ideally, while waiting for I-130 pending, I should maintain my F-1
> status.
Yes. Once the Priority Date of the I-130 petition becomes current, you can
file an I-485 application and you do no longer have to maintain another type
of immigrant status.
> I'm not out of status yet. The idea that I won't come home for
> more than 10 years is killing me. While waiting for the I 130 pending,
> I shouldn't go out of the US because they won't renew my F-1 visa due
> to the immigration intent.
There is a high probability that you will be denied entry, yes.
> The only option is that when I finish
> college, I can try to get H-1B visa so that I can come home. Is that
> correct? Do you have any better idea that I can visit my home country
> while waiting for the I-130 pending.
You could maintain F-1 status, and once your studies are completed, apply
for OPT, which gives you another year. After that you could look for a
company who can sponsor a work visa for you.
Since you haven't incurred a 3/10 bar yet, you could also simply return home
and wait for the I-130 to be approved.
Jozef
(Not a lawyer)
Sep 25th 2004, 5:26 am
#36
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
My I-130 (USC son over 21) was approved while I was in the US, in-status as F1. After the I-130 was approved, I fell out of status... due to financial problems.
So, I decided to continue studying with my I-130 approval, and got in-state tuition. I have been taking classes every semester ever since I got here (US), and never worked or had any criminal activites... but my I-120 expired after my I-130 was approved.
Will I be able to AOS due my circumstances?
Thanks
So, I decided to continue studying with my I-130 approval, and got in-state tuition. I have been taking classes every semester ever since I got here (US), and never worked or had any criminal activites... but my I-120 expired after my I-130 was approved.
Will I be able to AOS due my circumstances?
Thanks
Sep 25th 2004, 9:43 am
#37
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> My I-130 (USC son over 21) was approved while I was in the US, in-status
> as F1. After the I-130 was approved, I fell out of status... due to
> financial problems.
> So, I decided to continue studying with my I-130 approval, and got in-
> state tuition. I have been taking classes every semester ever since I
> got here (US), and never worked or had any criminal activites... but my
> I-120 expired after my I-130 was approved.
> Will I be able to AOS due my circumstances?
I'm sorry, but asking the same question over and over won't change the
answer. You will be able to adjust status in the US through 245(i) only if
you can prove that you were present in the US on Dec 21, 2000.
The provisions of the CSP Act only apply to I-130 petitions that were filed
before the beneficiary turned 21.
Jozef
(Not a lawyer)
news:[email protected] m...
> My I-130 (USC son over 21) was approved while I was in the US, in-status
> as F1. After the I-130 was approved, I fell out of status... due to
> financial problems.
> So, I decided to continue studying with my I-130 approval, and got in-
> state tuition. I have been taking classes every semester ever since I
> got here (US), and never worked or had any criminal activites... but my
> I-120 expired after my I-130 was approved.
> Will I be able to AOS due my circumstances?
I'm sorry, but asking the same question over and over won't change the
answer. You will be able to adjust status in the US through 245(i) only if
you can prove that you were present in the US on Dec 21, 2000.
The provisions of the CSP Act only apply to I-130 petitions that were filed
before the beneficiary turned 21.
Jozef
(Not a lawyer)
Sep 25th 2004, 11:43 am
#38
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
Originally Posted by Jozef
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> My I-130 (USC son over 21) was approved while I was in the US, in-status
> as F1. After the I-130 was approved, I fell out of status... due to
> financial problems.
> So, I decided to continue studying with my I-130 approval, and got in-
> state tuition. I have been taking classes every semester ever since I
> got here (US), and never worked or had any criminal activites... but my
> I-120 expired after my I-130 was approved.
> Will I be able to AOS due my circumstances?
I'm sorry, but asking the same question over and over won't change the
answer. You will be able to adjust status in the US through 245(i) only if
you can prove that you were present in the US on Dec 21, 2000.
The provisions of the CSP Act only apply to I-130 petitions that were filed
before the beneficiary turned 21.
Jozef
(Not a lawyer)
news:[email protected] m...
> My I-130 (USC son over 21) was approved while I was in the US, in-status
> as F1. After the I-130 was approved, I fell out of status... due to
> financial problems.
> So, I decided to continue studying with my I-130 approval, and got in-
> state tuition. I have been taking classes every semester ever since I
> got here (US), and never worked or had any criminal activites... but my
> I-120 expired after my I-130 was approved.
> Will I be able to AOS due my circumstances?
I'm sorry, but asking the same question over and over won't change the
answer. You will be able to adjust status in the US through 245(i) only if
you can prove that you were present in the US on Dec 21, 2000.
The provisions of the CSP Act only apply to I-130 petitions that were filed
before the beneficiary turned 21.
Jozef
(Not a lawyer)
Sep 25th 2004, 12:43 pm
#39
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> > "Mo007" <member28317@british_expats.com> wrote in message
> > news:[email protected] m...
> > > My I-130 (USC son over 21) was approved while I was in the US, in-
> > > status
> > > as F1. After the I-130 was approved, I fell out of status... due to
> > > financial problems.
> > > So, I decided to continue studying with my I-130 approval, and got
> > > in-
> > > state tuition. I have been taking classes every semester ever since
> > > I
> > > got here (US), and never worked or had any criminal activites... but
> > > my
> > > I-120 expired after my I-130 was approved.
> > > Will I be able to AOS due my circumstances?
> >
> > I'm sorry, but asking the same question over and over won't change the
> > answer. You will be able to adjust status in the US through 245(i)
> > only if
> > you can prove that you were present in the US on Dec 21, 2000.
> >
> > The provisions of the CSP Act only apply to I-130 petitions that were
> > filed
> > before the beneficiary turned 21.
> >
> > Jozef
> > (Not a lawyer)
> What if can present a document that I was in the US before Dec, 2000 -
> but later came after that date. Am I eligible?
> --
> Posted via http://britishexpats.com
news:[email protected] m...
> > "Mo007" <member28317@british_expats.com> wrote in message
> > news:[email protected] m...
> > > My I-130 (USC son over 21) was approved while I was in the US, in-
> > > status
> > > as F1. After the I-130 was approved, I fell out of status... due to
> > > financial problems.
> > > So, I decided to continue studying with my I-130 approval, and got
> > > in-
> > > state tuition. I have been taking classes every semester ever since
> > > I
> > > got here (US), and never worked or had any criminal activites... but
> > > my
> > > I-120 expired after my I-130 was approved.
> > > Will I be able to AOS due my circumstances?
> >
> > I'm sorry, but asking the same question over and over won't change the
> > answer. You will be able to adjust status in the US through 245(i)
> > only if
> > you can prove that you were present in the US on Dec 21, 2000.
> >
> > The provisions of the CSP Act only apply to I-130 petitions that were
> > filed
> > before the beneficiary turned 21.
> >
> > Jozef
> > (Not a lawyer)
> What if can present a document that I was in the US before Dec, 2000 -
> but later came after that date. Am I eligible?
> --
> Posted via http://britishexpats.com
Sep 25th 2004, 1:27 pm
#40
Guest
Posts: n/a
Re: F-1 and I-130 Pending
<oops - did it again>
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> >
> > The provisions of the CSP Act only apply to I-130 petitions that were
> > filed
> > before the beneficiary turned 21.
> What if can present a document that I was in the US before Dec, 2000 -
> but later came after that date. Am I eligible?
No, not for 245(i).
I did mess up though. The provisions of the CSPA do of course not just apply
to I-130 petitions, but to all immigrant petitions, including an I-730
petition. However, CSPA benefits (quite logically) only apply when the
petition was pending on, or filed after the date the act took effect, Aug.
6, 2002.
Since your dad filed the I-730 petition in 1998 I assume that was not the
case for you.
I suggest you not wait until your I-130 priority date becomes current but
talk to an immigration attorney now. I don't think you will be able to
adjust status in the US, but you are looking at a 10 year instead of a 3
year bar if you wait much longer.
Many people in your case 'lay low' and wait for a new 'amnesty' along the
lines of 245(i) to regularize their status in the US. However, given the
present climate it will be many years before such an 'amnesty' comes along,
if at all.
Jozef
(Not a lawyer)
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> >
> > The provisions of the CSP Act only apply to I-130 petitions that were
> > filed
> > before the beneficiary turned 21.
> What if can present a document that I was in the US before Dec, 2000 -
> but later came after that date. Am I eligible?
No, not for 245(i).
I did mess up though. The provisions of the CSPA do of course not just apply
to I-130 petitions, but to all immigrant petitions, including an I-730
petition. However, CSPA benefits (quite logically) only apply when the
petition was pending on, or filed after the date the act took effect, Aug.
6, 2002.
Since your dad filed the I-730 petition in 1998 I assume that was not the
case for you.
I suggest you not wait until your I-130 priority date becomes current but
talk to an immigration attorney now. I don't think you will be able to
adjust status in the US, but you are looking at a 10 year instead of a 3
year bar if you wait much longer.
Many people in your case 'lay low' and wait for a new 'amnesty' along the
lines of 245(i) to regularize their status in the US. However, given the
present climate it will be many years before such an 'amnesty' comes along,
if at all.
Jozef
(Not a lawyer)
Sep 26th 2004, 10:09 am
#41
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<xEl5d.2301$Ym1.1296@trnddc03>...
<snip>
> The provisions of the CSP Act only apply to I-130 petitions that were filed
> before the beneficiary turned 21.
>
> Jozef
> (Not a lawyer)
What does CSP stands for?
<snip>
> The provisions of the CSP Act only apply to I-130 petitions that were filed
> before the beneficiary turned 21.
>
> Jozef
> (Not a lawyer)
What does CSP stands for?
Sep 26th 2004, 1:56 pm
#42
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Amanda" <[email protected]> wrote in message
news:[email protected] om...
> "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<xEl5d.2301$Ym1.1296@trnddc03>...
> <snip>
>> The provisions of the CSP Act only apply to I-130 petitions that were
>> filed
>> before the beneficiary turned 21.
> What does CSP stands for?
The Child Services Protection Act. See
http://uscis.gov/graphics/howdoi/agingout.htm
Note that I made an error in my post. The provisions of the CSPA apply to
*all* immigrant petitions that were pending on, or were filed after the CSPA
took effect, before the beneficiary turned 21.
Jozef
(Not a lawyer)
news:[email protected] om...
> "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<xEl5d.2301$Ym1.1296@trnddc03>...
> <snip>
>> The provisions of the CSP Act only apply to I-130 petitions that were
>> filed
>> before the beneficiary turned 21.
> What does CSP stands for?
The Child Services Protection Act. See
http://uscis.gov/graphics/howdoi/agingout.htm
Note that I made an error in my post. The provisions of the CSPA apply to
*all* immigrant petitions that were pending on, or were filed after the CSPA
took effect, before the beneficiary turned 21.
Jozef
(Not a lawyer)
Sep 29th 2004, 1:20 pm
#43
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
Can a waiver be applied here (for my case), due to extreme circumstances (financial problems that lead me to overstay, and I have no family outside the U.S.). From the sound of it, even my dad being a USC can't help me... I just dont understand why USCIS are pro-family, at the same time, create rules for anit-family. I havent done anything wrong in the US, I just wanted to study and stay close to my family. It's not like I entered illegally.
I am sure there is a waiver somewhere...
Thanks
I am sure there is a waiver somewhere...
Thanks
Last edited by Mo007; Sep 29th 2004 at 1:29 pm.
Sep 29th 2004, 3:31 pm
#44
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> Can a waiver be applied here (for my case), due to extreme circumstances
> (financial problems that lead me to overstay, and I have no family
> outside the U.S.). From the sound of it, even my dad being a USC can't
> help me...
That is correct. You cannot adjust status or change status because you are
currently not in status, and you cannot make use of the provisions of 245(i)
> I just dont understand why USCIS are pro-family, at the same
> time, create rules for anit-family.
I wouldn't say US Immigration Law is anti-family. There are many provisions
to get family members to immigrate in the US, but you have to play by the
rules.
> I havent done anything wrong in the
> US, I just wanted to study and stay close to my family.
You did something wrong: you overstayed your visa.
> It's not like I
> entered illegally.
No, but by overstaying your visa, you now are illegal, and deportable.
> I am sure there is a waiver somewhere...
There is indeed a waiver available for those people who have been barred and
who can prove that not being able to travel to the US results in serious
emotional and financial problems for their family in the US. A husband who
has a wife and kids in the US for example.
But I have heard that those waivers are rarely approved.
Jozef
(Not a lawyer)
news:[email protected] m...
> Can a waiver be applied here (for my case), due to extreme circumstances
> (financial problems that lead me to overstay, and I have no family
> outside the U.S.). From the sound of it, even my dad being a USC can't
> help me...
That is correct. You cannot adjust status or change status because you are
currently not in status, and you cannot make use of the provisions of 245(i)
> I just dont understand why USCIS are pro-family, at the same
> time, create rules for anit-family.
I wouldn't say US Immigration Law is anti-family. There are many provisions
to get family members to immigrate in the US, but you have to play by the
rules.
> I havent done anything wrong in the
> US, I just wanted to study and stay close to my family.
You did something wrong: you overstayed your visa.
> It's not like I
> entered illegally.
No, but by overstaying your visa, you now are illegal, and deportable.
> I am sure there is a waiver somewhere...
There is indeed a waiver available for those people who have been barred and
who can prove that not being able to travel to the US results in serious
emotional and financial problems for their family in the US. A husband who
has a wife and kids in the US for example.
But I have heard that those waivers are rarely approved.
Jozef
(Not a lawyer)
Sep 30th 2004, 5:15 am
#45
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
Can I apply for Diversity Visa Lottery in the US, and if I am selected, will all previous overstays be forgiven? - and how quick is the DV for the winners to get a green-card?
