am I allowed to be a student?

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Old Aug 16th 2005, 4:20 pm
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Default am I allowed to be a student?

came on VWP, got married, applied for AOS and EAD, expect my EAD in about 4 weeks,

just thought that until I have my EAD I'm not allowed to do anything in the U.S., not even study?

found a course (non-credit) at the community college that I would like to go to in Sept.

If I register at the college ( I don't need s SSN) could this interfer with my AOS application and will they find out about it?

I know you need a student visa to study in the US.

just want to make sure I'm not doing something I'm not allowed to.
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Old Aug 16th 2005, 4:24 pm
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Default Re: am I allowed to be a student?

Originally Posted by wine12
If I register at the college ( I don't need s SSN) could this interfer with my AOS application and will they find out about it?

I know you need a student visa to study in the US.

just want to make sure I'm not doing something I'm not allowed to.
Hi wine,

Is that red or white wine? You should be fine taking a college class. It won't interfere with your AOS.

Best Wishes,
Rene
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Old Aug 16th 2005, 5:29 pm
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Default Re: am I allowed to be a student?

Originally Posted by wine12
came on VWP, got married, applied for AOS and EAD, expect my EAD in about 4 weeks,

just thought that until I have my EAD I'm not allowed to do anything in the U.S., not even study?

found a course (non-credit) at the community college that I would like to go to in Sept.

If I register at the college ( I don't need s SSN) could this interfer with my AOS application and will they find out about it?

I know you need a student visa to study in the US.

just want to make sure I'm not doing something I'm not allowed to.

Hi:

No, it does not interfere with AOS. Notionally speaking, you are ALREADY in violation of the law by overstaying you VW admission. However, with a pending adjustment, you are present "under color of law."

"The problem is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon
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Old Aug 16th 2005, 5:32 pm
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Default Re: am I allowed to be a student?

You are allowed to go to college, high school, elementary school, cooking class, knitting class, belly dancing or even lamaze classes. Once your petition for AOS has been accepted (not approved) you are in status in the US and can attend any class you wish. You do not need a student visa to attend school as long as you are a legal pending resident.

Originally Posted by wine12
came on VWP, got married, applied for AOS and EAD, expect my EAD in about 4 weeks,

just thought that until I have my EAD I'm not allowed to do anything in the U.S., not even study?

found a course (non-credit) at the community college that I would like to go to in Sept.

If I register at the college ( I don't need s SSN) could this interfer with my AOS application and will they find out about it?

I know you need a student visa to study in the US.

just want to make sure I'm not doing something I'm not allowed to.
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Old Aug 16th 2005, 5:39 pm
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Default Re: am I allowed to be a student?

[QUOTE=Rete]You are allowed to go to college, high school, elementary school, cooking class, knitting class, belly dancing or even lamaze classes.

Thanks for the quick (positive) answers..

I might try belly dancing as well and have a bottle of red wine when I come home.. ha ha ha
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Old Aug 16th 2005, 6:31 pm
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Default Re: am I allowed to be a student?

Originally Posted by Rete
You are allowed to go to college, high school, elementary school, cooking class, knitting class, belly dancing or even lamaze classes. Once your petition for AOS has been accepted (not approved) you are in status in the US and can attend any class you wish. You do not need a student visa to attend school as long as you are a legal pending resident.
Rete:

"Color of law" my friend. "Color of law." Just being my annoying pedantic selfe.
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Old Aug 24th 2005, 6:41 am
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Default Re: am I allowed to be a student?

Rete wrote:
    >>came on VWP, got married, applied for AOS and EAD, expect my EAD in
    >>about 4 weeks,
    >>just thought that until I have my EAD I'm not allowed to do anything
    >>in the U.S., not even study?
    >>found a course (non-credit) at the community college that I would like
    >>to go to in Sept.
    >>If I register at the college ( I don't need s SSN) could this interfer
    >>with my AOS application and will they find out about it?
    >>I know you need a student visa to study in the US.
    >>just want to make sure I'm not doing something I'm not allowed to.
    >
    >
    > You are allowed to go to college, high school, elementary school,
    > cooking class, knitting class, belly dancing or even lamaze classes.
    > Once your petition for AOS has been accepted (not approved) you are
    > in status in the US and can attend any class you wish. You do not
    > need a student visa to attend school as long as you are a legal
    > pending resident.
    >

Stuart isn't really being pedantic as much as accurate. His point is
important actually, because filing an adjustment application in the OP's
case doesn't mean that the OP is "in status". Actually, since the OP
came on a visa waiver, the OP has failed to maintain status.

Really what has happened is that the government has said to the OP, "it
looks on the face of things that you might be eligible to adjust status;
there is a legal basis for you to do so if everything you say is true;
therefore we are going to permit you to remain in the U.S. until we
decide."

I think that you are actually aware of this distinction based on your
other knowledgeable posts. But the uninitiated reading your post might
think that once the application is filed, she's "in status" = "ok
forever" when in fact she's not, and depending on how things turn out at
the adjustment inteview, it might not be "ok forever."

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
 
Old Aug 25th 2005, 4:04 pm
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Default Re: am I allowed to be a student?

Nice clarification JMW.
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