Amanda

Hi,

I entered US with F-1 to attend grad school. My sister became US
citizen soon after I got here and filed a petition (using I-130 form)
for me for permanent residency under family Preference Category F-4.

Within a few motnhs, I received a letter from National Visa Center
telling me not to make firm plan or leave the country etc. as well to
notify them if my status changed. I was given the case number and
priority date, with charegability being the address of American
Embassy of my home country though my sister requested "adjustment of
status" and "Canada" on the form if I must leave US to accept
immigrant visa that would becoem available). In another word, I had
I-130 pending status and I had updated my adress with them everytime I
moved.

A few years after I finished the 1st school program, I started another
grad program. I wasn't working at the time and the school told me
that I must be on F-1 status to be able to take classes since I only
had I-130 pending, not I-485 pending or have greencard already. They
reinstated me to F-1 status. (I think they did that way so that they
could clearly charged me for foreign resident tuition fees rate).


After an emergency surgery while in school, I decided to visit my
family back home by obtaining an F-1 visa ahead of time in Mexico
before visiting home. That was in 2000.

Before I finsihed the program in that school, the State Legislation
came out saying that those with I-130 pending are entitld to in-state
tuition fees. The School should have posted this info on the bulletin
board of Int'l Student Office but they didn't. I found out from a
friend almost a year later. (This is the side story). I started
getting instate rate and didn't need to go to Int'l Student Office
anymore for anything. This was in Texas.

I also found out froma friend in CA, the same legislation had existed
long before and in fact, those with I-130 pending need not get onto
F-1 to go to college. I don't know whether that also mean, that they
COULD NOT GET onto F-1 even if they wanted to. With F-1, a person
would be able to leave the country to visit home and enter back within
the time the visa is valid for entry while with I-130, a person can
leave but CANNOT enter US until the immigrant visa become avialble. If
the same rules applied for the state pf Texas, I could only blame the
school for forcing me to get onto F-1. In fact, I called a lawyer's
office in Texas before I finished school the first time around - I was
still on F-1 - about the visa requirement once I finsih school while i
have I-130 pending. I was told that I must be on soeem type of
non-immigrant visa while I-130 pending. That was way before I started
the second program.

During my second time in grad school, when I heard about the state
legislation allowing in-state tition fees for I-130 pending, I called
the same law office (he provides free info for one question)- and was
told that the school were supposed to enforce that legislation.

I graduated last summer. I didn't get on OPT because what I understood
was that I didn't need any visa to be staying here legally. I left
Texas and move to CA as well. BTW, I had obtained EAD work permit in
2002. I have renewed it in 2003 and am renewing it now.

Last week, I received a letter from National Visa Center telling me
that I may be eligible to do adjustment of staus and I must reply
within 30 days if I want to do so. Otherwise, they would transfer my
case to the Amer. Embassy back home.

My question are:

(1) When I do adjustment of status, will I need my passport to be
valid?
It expired last Novenmer. I plan to make it valid as soon as I can
since I plan to visit home after I get a prolee permit once I become
I-485 pending.

For now I want to hold onto my cash - I have to feed this military
governemnt what it calls it income tax in order to extend/renew my
passport regardless of whether I was/am in school and whether I was/am
working or not. (They only give 2 years validity at a time for the
pasport; US has placed sanctions aginst this country for human rights
abuse.)

(2) Would the fact that I went out of the country with F-1 status
while I ws I-130 pening affect my adjustment of status. At the time I
went out, my understanding (from my inquiry) was that I needed to be
on a non-immigrant visa while waiting for an immigrant visa.

(3) I heard from someone that when doing adjustment of status, the
applicant is sent to a doctor's office to get some medical tests done.
While the results of those tests are sent with the applications, the
applicant doesn't get to know the result, according toa friend I
talked with this morning.

I am not aware of myself having any contagious disease. I am curious
though what kinds of medical tests are performed. My friend said Polio
might be one. Why? Is Polio contagious?


Thanks for any info on above questions.

Joachim Feise

Amanda said on 2/14/2004 18:15:
    > I also found out froma friend in CA, the same legislation had existed
    > long before and in fact, those with I-130 pending need not get onto
    > F-1 to go to college.

An I-130 does not make you legal.
While you may have been able to attend school, you need to have some
legal status in the US.

    > I graduated last summer. I didn't get on OPT because what I understood
    > was that I didn't need any visa to be staying here legally.

The I-130 does not make you legal.

    > BTW, I had obtained EAD work permit in
    > 2002. I have renewed it in 2003 and am renewing it now.

Your story doesn't make sense.
On what basis did you get the EAD? You'd need a pending I-485 to get an
EAD, or you'd need OPT. And you said you didn't get OPT, and you
apparently haven't filed an I-485, either. So it looks to me as if you
are illegal.

    > (1) When I do adjustment of status, will I need my passport to be
    > valid?

Any AOS you'd file would be denied because you are illegal.
And if you leave the country to do CP, the 3/10 year ban would kick in.

-Joe

Amanda

Joachim Feise <> wrote in message news:<c0msqm$5af$>...

<Snip>

    > The I-130 does not make you legal.

That doesn't make sense because I know someone with I-130 pending
going to school. In fact, she got to US with tourist visa. She didn't
renew her tourist visa. So all she had/was I-130 pending when she
started school.

When she went to International Student Office of a school to inquire
what she would need to do, to be able to take classes, she was told
that she could take classes. When she specifically asked about
getting onto F-1, she was told that she would not need to and could
not because she has I-130 pending status.

If a person is allowed to go to school with just I-130 pending , how
could she be illegal? Note: she never had F-1 visa stamped on her
passport.

    >
    > > BTW, I had obtained EAD work permit in
    > > 2002. I have renewed it in 2003 and am renewing it now.
    >
    > Your story doesn't make sense.
    > On what basis did you get the EAD? You'd need a pending I-485 to get an
    > EAD, or you'd need OPT. And you said you didn't get OPT, and you
    > apparently haven't filed an I-485, either. So it looks to me as if you
    > are illegal.

Strange. I am in touch with Int'l Student Advisor of my school. I
went to say goodbye when I left. I sent her New Year' card and she
wrote me a letter. She would have told me if I were illegal.

There are other ways to get EAD. I got it with one of those way, not
via I-485. And my renewal was approved.

    >
    > > (1) When I do adjustment of status, will I need my passport to be
    > > valid?
    >
    > Any AOS you'd file would be denied because you are illegal.

Strange. See above explanation about my friend.

    > And if you leave the country to do CP, the 3/10 year ban would kick in.
    >
    > -Joe

Jozef

"Amanda" <> wrote in message
news:...
    > Joachim Feise <> wrote in message
news:<c0msqm$5af$>...
    > <Snip>
    > > The I-130 does not make you legal.
    > That doesn't make sense because I know someone with I-130 pending
    > going to school. In fact, she got to US with tourist visa. She didn't
    > renew her tourist visa. So all she had/was I-130 pending when she
    > started school.
    > When she went to International Student Office of a school to inquire
    > what she would need to do, to be able to take classes, she was told
    > that she could take classes. When she specifically asked about
    > getting onto F-1, she was told that she would not need to and could
    > not because she has I-130 pending status.
    > If a person is allowed to go to school with just I-130 pending , how
    > could she be illegal? Note: she never had F-1 visa stamped on her
    > passport.

I'm sorry, but as Joe indicated, an I-130 petition does not confer any legal
status onto the beneficiary. It is only after filing an I-485 application to
Adjust status to Permanent Resident that one obtains legal status.

The fact that the DSO at the school you mentioned would have said that
having an I-130 pending precludes the need for a visa is just plain
unbelievable. He must have thought she meant *I-485* pending. If he really
did say *I-130 by itself is sufficient* he should be locked up. But it's not
the DSO that will suffer the consequences, unfortunately.

You should talk to an immigration attorney asap. However, there will not be
much that he can do. It appears that you will be barred for 10 years when
you leave the US. And you will not be able to adjust status in the US since
you are illegal, unless your I-130 petition was filed before 4/21/2001.

The same appears to be true for the friend you referred to.

Check out http://uscis.gov/graphics/howdoi/sibling.htm for more info.


    > >
    > > > BTW, I had obtained EAD work permit in
    > > > 2002. I have renewed it in 2003 and am renewing it now.
    > >
    > > Your story doesn't make sense.
    > > On what basis did you get the EAD? You'd need a pending I-485 to get an
    > > EAD, or you'd need OPT. And you said you didn't get OPT, and you
    > > apparently haven't filed an I-485, either. So it looks to me as if you
    > > are illegal.
    > Strange. I am in touch with Int'l Student Advisor of my school. I
    > went to say goodbye when I left. I sent her New Year' card and she
    > wrote me a letter. She would have told me if I were illegal.
    > There are other ways to get EAD. I got it with one of those way, not
    > via I-485. And my renewal was approved.
    > >
    > > > (1) When I do adjustment of status, will I need my passport to be
    > > > valid?
    > >
    > > Any AOS you'd file would be denied because you are illegal.
    > Strange. See above explanation about my friend.
    > > And if you leave the country to do CP, the 3/10 year ban would kick in.
    > >
    > > -Joe

Joachim Feise

Amanda said on 2/15/2004 12:37:

    > Joachim Feise <> wrote in message news:<c0msqm$5af$>...
    >
    > <Snip>
    >
    >
    >>The I-130 does not make you legal.
    >
    >
    > When she went to International Student Office of a school to inquire
    > what she would need to do, to be able to take classes, she was told
    > that she could take classes. When she specifically asked about
    > getting onto F-1, she was told that she would not need to and could
    > not because she has I-130 pending status.

Well, that particular advisor was just plain wrong.
She should have asked somebody who actually knows the laws, like
an immigration attorney.

    > If a person is allowed to go to school with just I-130 pending , how
    > could she be illegal?

Hum, one thing has nothing to do with the other.
Going to school does not make somebody legal.
Only the appropriate paperwork from CIS, in this case an I-485 receipt notice,
would make that person legal. Period.

    > Strange. I am in touch with Int'l Student Advisor of my school. I
    > went to say goodbye when I left. I sent her New Year' card and she
    > wrote me a letter. She would have told me if I were illegal.

Or she may not know, because you told her a story as confused as
the one you told here. Quite frankly, your story doesn't make sense.

    > There are other ways to get EAD. I got it with one of those way, not
    > via I-485. And my renewal was approved.

Care to explain which other way?

-Joe

Hnchoksi

    >Subject: Re: adjustement of status question
    >From: Joachim Feise
    >Date: 2/15/04 8:33 PM Eastern Standard Time
    >Message-id: <c0p6ku$ovl$>
    >Amanda said on 2/15/2004 12:37:
    >> Joachim Feise <> wrote in message
    >news:<c0msqm$5af$>...
    >>
    >> <Snip>
    >>
    >>
    >>>The I-130 does not make you legal.
    >>
    >>
    >> When she went to International Student Office of a school to inquire
    >> what she would need to do, to be able to take classes, she was told
    >> that she could take classes. When she specifically asked about
    >> getting onto F-1, she was told that she would not need to and could
    >> not because she has I-130 pending status.
    >Well, that particular advisor was just plain wrong.
    >She should have asked somebody who actually knows the laws, like
    >an immigration attorney.
    >> If a person is allowed to go to school with just I-130 pending , how
    >> could she be illegal?
    >Hum, one thing has nothing to do with the other.
    >Going to school does not make somebody legal.
    >Only the appropriate paperwork from CIS, in this case an I-485 receipt
    >notice,
    >would make that person legal. Period.
    >> Strange. I am in touch with Int'l Student Advisor of my school. I
    >> went to say goodbye when I left. I sent her New Year' card and she
    >> wrote me a letter. She would have told me if I were illegal.
    >Or she may not know, because you told her a story as confused as
    >the one you told here. Quite frankly, your story doesn't make sense.
    >> There are other ways to get EAD. I got it with one of those way, not
    >> via I-485. And my renewal was approved.
    >Care to explain which other way?
    >-Joe

May be she is talking about OPT EAD? In any case seems to be thoroughly
confused...

Joachim Feise

Hnchoksi said on 2/15/2004 21:26:
    >
    > May be she is talking about OPT EAD? In any case seems to be thoroughly
    > confused...

OPT EAD is valid for 1 year, and can not be renewed...

-Joe

Jozef

"Joachim Feise" <> wrote in message
news:c0pl2t$bba$...
    > Hnchoksi said on 2/15/2004 21:26:
    > >
    > > May be she is talking about OPT EAD? In any case seems to be thoroughly
    > > confused...
    > OPT EAD is valid for 1 year, and can not be renewed...

...and in her original post she mentioned she didn't get OPT.

Maybe she got it based on her F-1? But since she's out of school, her F-1 is
not valid anymore and consequently neither is the EAD.

Amanda

Joachim Feise <> wrote in message news:<c0p6ku$ovl$>...
    > Amanda said on 2/15/2004 12:37:
    >
    > > Joachim Feise <> wrote in message news:<c0msqm$5af$>...
    > >
    > > <Snip>
    > >
    > >
    > >>The I-130 does not make you legal.
    > >
    > >
    > > When she went to International Student Office of a school to inquire
    > > what she would need to do, to be able to take classes, she was told
    > > that she could take classes. When she specifically asked about
    > > getting onto F-1, she was told that she would not need to and could
    > > not because she has I-130 pending status.
    >
    > Well, that particular advisor was just plain wrong.

Hmmm.

    > She should have asked somebody who actually knows the laws, like
    > an immigration attorney.
    >
    > > If a person is allowed to go to school with just I-130 pending , how
    > > could she be illegal?
    >
    > Hum, one thing has nothing to do with the other.

Yes it does in an indirect way "Hey you can go to school here with
that I-130 paper; we do not need to see your passport or visa" + the
school told her that she Could not apply for F-1, which mean they
would not give here I-20 which she would need to apply for F-1.

May be the school was abusing the fact that I-130 pending can get
innstate tuition fees AS IF I-130 pending can go to shcool w/o any
valid visa status.

If that is the case, the school should be fined.

My school won't have a problem because I started there with F-1 status
and so my visa status continued to stay that way till I finsihed.
Also, my passport was valid throughout till I finished school. Lucky
for them. I mean they had a fluke. I don't think they cared to check
whether I registered for full load or not much less my passport was
still valid, etc.

I will go see an attorney.

    > Going to school does not make somebody legal.

Agreed, if there is requirement for non-immigrant visa status for
I-130 pending people to stay here legally.

    > Only the appropriate paperwork from CIS, in this case an I-485 receipt
    > notice,
    > would make that person legal. Period.

Not period sir. A non-immigrant visa status would make the person
legal too, wouldn't it?

    >
    > > Strange. I am in touch with Int'l Student Advisor of my school. I
    > > went to say goodbye when I left. I sent her New Year' card and she
    > > wrote me a letter. She would have told me if I were illegal.
    >
    > Or she may not know, because you told her a story as confused as
    > the one you told here.

Oh..I didn't tell her the way I did here. Beside, my story is not
confusing if you really think about it. I mean, when I started the
last degree program, the school put me on F-1. I went and visited my
country in December break, meaning I obtained an F-1 Visa stamp. (This
is the second stamp I got; the first oen was when I entered US way
back then.) Before I finsihed this second degree program, the State
Legislation came out in July 2001 which made me entitled to get
instate tuition fees rate. From that point on the school didn't
consider me F-1 student and the mess I now face.


    >Quite frankly, your story doesn't make sense.
    >
    > > There are other ways to get EAD. I got it with one of those way, not
    > > via I-485. And my renewal was approved.
    >
    > Care to explain which other way?

I will e-mail you if your email used here works.



    >
    > -Joe

Joachim Feise

Amanda wrote on 2/16/2004 14:26:
    > If that is the case, the school should be fined.

It is the individual's responsibility to make sure he or she is legal.

    > I will go see an attorney.

Good. You should have done that long ago.

    >>Going to school does not make somebody legal.
    >
    >
    > Agreed, if there is requirement for non-immigrant visa status for
    > I-130 pending people to stay here legally.

There is.

    >>Only the appropriate paperwork from CIS, in this case an I-485 receipt
    >>notice,
    >>would make that person legal. Period.
    >
    >
    > Not period sir. A non-immigrant visa status would make the person
    > legal too, wouldn't it?

Sure, but not an I-130 alone.
And it is nearly impossible to get a non-immigrant visa or change to
a non-immigrant status other than H1 or L1 if an immigrant petition
such as an I-130 is pending. The reason is that only H1 and L1 allow
immigration intent.

    >>> There are other ways to get EAD. I got it with one of those way, not
    >>>via I-485. And my renewal was approved.
    >>Care to explain which other way?
    >
    >
    > I will e-mail you if your email used here works.

I don't post my email address on Usenet (too much spam.)
If this is a legitimate way, you can post it here...

-Joe