F1 visa and 245(i) question
Mar 23rd 2001, 5:45 am
#1
Guest
Posts: n/a
I am currently a full-time student and have been studying in U.S. continously for the
last 5 years. However, my F1 student visa is going to expire in June 2001. My sister
is a US citizen and she had already filed an I-130 petition for me in April 2000. I
have received a Notice of Action receipt from the INS.
My question is:
After June 2001 when my F1 visa expired, could I stay in the US and become illegal
(not studying) waiting for adjustment of status ?
Could the 245(i) extension benefit me by not triggering the entry bars ? I know I
have to pay the $1000 penalty later.
Any advice will be appreciated.
Thanks. Benny L.
last 5 years. However, my F1 student visa is going to expire in June 2001. My sister
is a US citizen and she had already filed an I-130 petition for me in April 2000. I
have received a Notice of Action receipt from the INS.
My question is:
After June 2001 when my F1 visa expired, could I stay in the US and become illegal
(not studying) waiting for adjustment of status ?
Could the 245(i) extension benefit me by not triggering the entry bars ? I know I
have to pay the $1000 penalty later.
Any advice will be appreciated.
Thanks. Benny L.
Mar 23rd 2001, 8:04 pm
#2
Guest
Posts: n/a
Dear Benny,
Please note that I am not a lawyer and the information I provide is just what I
understand from the law and might be inaccurate.
Having received the NOA from the INS, section 245(i) will indeed apply to you when
your Green Card is ready, but do note that this will be in more than 10 years unless
you later apply for a Green Card through some other channel. Whenever you get a Green
Card (whether in 10 years or less, whether through your sister or some other
channel), you will be able to only pay the $1000 and not leave the US. Until that
time, you will be illegal and subject to deportation if you are caught. So you are
correct in assuming what you said, but remember that you are still illegal, and
subject to deportation and if this happens and you are deported, section 245(i) will
probably not be of any use to you anymore.
Sincerely, Babak
Please note that I am not a lawyer and the information I provide is just what I
understand from the law and might be inaccurate.
Having received the NOA from the INS, section 245(i) will indeed apply to you when
your Green Card is ready, but do note that this will be in more than 10 years unless
you later apply for a Green Card through some other channel. Whenever you get a Green
Card (whether in 10 years or less, whether through your sister or some other
channel), you will be able to only pay the $1000 and not leave the US. Until that
time, you will be illegal and subject to deportation if you are caught. So you are
correct in assuming what you said, but remember that you are still illegal, and
subject to deportation and if this happens and you are deported, section 245(i) will
probably not be of any use to you anymore.
Sincerely, Babak
Mar 23rd 2001, 8:26 pm
#3
Guest
Posts: n/a
Benny L wrote:
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Your F-1 visa or your F-1 status??
My sister is a US citizen and she had already filed an
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Yes, you can if you want, but it is a foolish idea. Why not get H-1B status and
maintain continuous lawful status? You are facing 11 or 12 years of living in the
shadows, with no employment authorization, if you violate your status.
>
Well, I would not express it that way. 245i would allow you to become a permanent
resident without leaving the U.S. and thus triggering the bars. Actually, if your
I-94 said D/S you would not trigger the bars anyway unless INS or a judge had made a
formal determination that you violated status.
I
>
>
>
Your F-1 visa or your F-1 status??
My sister is a US citizen and she had already filed an
>
>
>
>
>
>
>
Yes, you can if you want, but it is a foolish idea. Why not get H-1B status and
maintain continuous lawful status? You are facing 11 or 12 years of living in the
shadows, with no employment authorization, if you violate your status.
>
Well, I would not express it that way. 245i would allow you to become a permanent
resident without leaving the U.S. and thus triggering the bars. Actually, if your
I-94 said D/S you would not trigger the bars anyway unless INS or a judge had made a
formal determination that you violated status.
I
>
