T-X

Hi.

I came to the US in April 2001 on a student visa with an expiration of D/S (Duration of status). I was supposed to go to the school and i didn't go. I went to another one but without telling them that i am F-1 student. I went to college from may through July 2001, then stopped. In December 2001 i applied for adjustment of status (i-485) through my step-mother. I got my Employment authorization.(although i didn't use it). In September 2002 i went back to college. My i-485 still is processing. I wanted to go back to my country and I applied for Advance Parole in April 2003. In case ii get Advance Parole, will i still able to enter the US?

I'm afraid that i might not be able to enter the US because of violation of my status.

I think only way they are informed of violation of my status is, if the school i was supposed to attend (but i didn't) informs on me to them.
Thus, is it school's policuy to report on student status?

Hnchoksi

    >Subject: To enter US on advance parole
    >From: T-X [email protected]
    >Date: 7/3/03 9:31 PM Eastern Daylight Time
    >Message-id:
    >Hi.
    >I came to the US in April 2001 on a student visa with an expiration of
    >D/S (Duration of status). I was supposed to go to the school and i
    >didn't go. I went to another one but without telling them that i am F-1
    >student. I went to college from may through July 2001, then stopped. In
    >December 2001 i applied for adjustment of status (i-485) through my step-
    >mother. I got my Employment authorization.(although i didn't use it).
    >In September 2002 i went back to college. My i-485 still is
    >processing. I wanted to go back to my country and I applied for Advance
    >Parole in April 2003. In case ii get Advance Parole, will i still able
    >to enter the US?
    >I'm afraid that i might not be able to enter the US because of violation
    >of my status.
    >I think only way they are informed of violation of my status is, if the
    >school i was supposed to attend (but i didn't) informs on me to them.
    >Thus, is it school's policuy to report on student status?

You are in a very muddled situation. You need the advice of a lawyer...

XXX

"T-X" wrote in message
news:[email protected]...
    |
    | Hi.
    |
    |
    |
    | I came to the US in April 2001 on a student visa with an expiration of
    | D/S (Duration of status). I was supposed to go to the school and i
    | didn't go. I went to another one but without telling them that i am F-1
    | student. I went to college from may through July 2001, then stopped. In
    | December 2001 i applied for adjustment of status (i-485) through my step-
    | mother. I got my Employment authorization.(although i didn't use it).
    | In September 2002 i went back to college. My i-485 still is
    | processing. I wanted to go back to my country and I applied for Advance
    | Parole in April 2003. In case ii get Advance Parole, will i still able
    | to enter the US?
    |
    |
    |
    | I'm afraid that i might not be able to enter the US because of violation
    | of my status.

You have reasons to be afraid since YOU know that you violated your status
by deliberately not following the conditions of under which your visa was
issued..
    |
    |
    | I think only way they are informed of violation of my status is, if the
    | school i was supposed to attend (but i didn't) informs on me to them.

From your statement, you are no different from somebody who committed a
crime thinking that nobody would find out if there are no witnesses. The
law seems to be just a game for people like you.

    | Thus, is it school's policuy to report on student status?
    |

YES, it is not just a school policy but it is in the law to make sure that a
violating student status is reported.


    | --
    | Posted via http://britishexpats.com

T-Bone

'muddled' might be an understatement. A lawyer might be out of the
picture for someone not working, like yourself. It's my understanding
the rules changed vastly after 9/11 and there was a requirement for
schools to report violations. There was some balking on their part and
whether they actually DO now is a bit of a crapshoot on your part with
the odds something you like you betting on 'boxcars' (a remote bet).
I'd say your status here is 'very shaky' at the least and the last
thing you want to do is exit the country. Advanced Parole is a one
time deal (according to the immigration lawyer secretary we know). It
requires a certified valid reason for leaving (like a doctors note
certified) or a business reason certified. As you Brits say you could
be 'pissin' away $110 of good beer drinkin' money.
T-Bone (a Bass drinker)

On 04 Jul 2003 02:38:45 GMT, [email protected] (Hnchoksi) wrote:

    >>Subject: To enter US on advance parole
    >>From: T-X [email protected]
    >>Date: 7/3/03 9:31 PM Eastern Daylight Time
    >>Message-id:
    >>Hi.
    >>I came to the US in April 2001 on a student visa with an expiration of
    >>D/S (Duration of status). I was supposed to go to the school and i
    >>didn't go. I went to another one but without telling them that i am F-1
    >>student. I went to college from may through July 2001, then stopped. In
    >>December 2001 i applied for adjustment of status (i-485) through my step-
    >>mother. I got my Employment authorization.(although i didn't use it).
    >>In September 2002 i went back to college. My i-485 still is
    >>processing. I wanted to go back to my country and I applied for Advance
    >>Parole in April 2003. In case ii get Advance Parole, will i still able
    >>to enter the US?
    >>I'm afraid that i might not be able to enter the US because of violation
    >>of my status.
    >>I think only way they are informed of violation of my status is, if the
    >>school i was supposed to attend (but i didn't) informs on me to them.
    >>Thus, is it school's policuy to report on student status?
    > You are in a very muddled situation. You need the advice of a lawyer...

lairdside

[QUOTE]Originally posted by T-Bone
'muddled' might be an understatement. A lawyer might be out of the
picture for someone not working, like yourself. It's my understanding
the rules changed vastly after 9/11 and there was a requirement for
schools to report violations. There was some balking on their part and
whether they actually DO now is a bit of a crapshoot on your part with
the odds something you like you betting on 'boxcars' (a remote bet).
I'd say your status here is 'very shaky' at the least and the last
thing you want to do is exit the country. Advanced Parole is a one
time deal (according to the immigration lawyer secretary we know). It
requires a certified valid reason for leaving (like a doctors note
certified) or a business reason certified. As you Brits say you could
be 'pissin' away $110 of good beer drinkin' money.
T-Bone (a Bass drinker)

The secretary is wrong about the AP requirements. You need emergent NOT emergency reasons for an AP. You can be issued a multiple entry as opposed to a single entry AP also.

"Emergent" may be something like visiting family abroad for instance and does not need to be certified.

The OP though does need to be very careful as to whether or not they have accrued any unlawful presence, particularly in excess of 180 days before considering the use of AP. This would have required a determination by the BCIS or an IJ.

If they cannot find this out beyond a shadow of a doubt I would not, under any circumstances, depart the US until their AOS is approved.

lairdside

Which local office did you file the I-485 with, your AOS could be close to adjudication?

T-Bone

On Fri, 04 Jul 2003 21:30:51 +0000, lairdside
wrote:

    >Emergent" may be something like visiting family abroad for instance
    >> and does not need to be certified.

If emergent isn't an emergency could you give an example of an
'emergent' situation? I'm trying to learn as much as possible about
advanced parole.
T-Bone

lairdside

All you need is a valid personal or business reason which is not contrary to law or public policy.

Visiting relatives, friends, business or even holidays are fine for example.

Chong

I got advance parole for my wife and I didnt even say the date she is
going to travel outside and I didnt specify any reasons.


On Fri, 04 Jul 2003 20:06:31 GMT, T-Bone wrote:

    >'muddled' might be an understatement. A lawyer might be out of the
    >picture for someone not working, like yourself. It's my understanding
    >the rules changed vastly after 9/11 and there was a requirement for
    >schools to report violations. There was some balking on their part and
    >whether they actually DO now is a bit of a crapshoot on your part with
    >the odds something you like you betting on 'boxcars' (a remote bet).
    >I'd say your status here is 'very shaky' at the least and the last
    >thing you want to do is exit the country. Advanced Parole is a one
    >time deal (according to the immigration lawyer secretary we know). It
    >requires a certified valid reason for leaving (like a doctors note
    >certified) or a business reason certified. As you Brits say you could
    >be 'pissin' away $110 of good beer drinkin' money.
    >T-Bone (a Bass drinker)
    >On 04 Jul 2003 02:38:45 GMT, [email protected] (Hnchoksi) wrote:
    >>>Subject: To enter US on advance parole
    >>>From: T-X [email protected]
    >>>Date: 7/3/03 9:31 PM Eastern Daylight Time
    >>>Message-id:
    >>>Hi.
    >>>I came to the US in April 2001 on a student visa with an expiration of
    >>>D/S (Duration of status). I was supposed to go to the school and i
    >>>didn't go. I went to another one but without telling them that i am F-1
    >>>student. I went to college from may through July 2001, then stopped. In
    >>>December 2001 i applied for adjustment of status (i-485) through my step-
    >>>mother. I got my Employment authorization.(although i didn't use it).
    >>>In September 2002 i went back to college. My i-485 still is
    >>>processing. I wanted to go back to my country and I applied for Advance
    >>>Parole in April 2003. In case ii get Advance Parole, will i still able
    >>>to enter the US?
    >>>I'm afraid that i might not be able to enter the US because of violation
    >>>of my status.
    >>>I think only way they are informed of violation of my status is, if the
    >>>school i was supposed to attend (but i didn't) informs on me to them.
    >>>Thus, is it school's policuy to report on student status?
    >> You are in a very muddled situation. You need the advice of a lawyer...