F1 got AP - don't know what to so!!

[ushi 0]

I am an F1 student. I have been out of school for financial reasons my sponor died. I got married 3 yrs ago to a US citizen and still remained on an F1 visa. Now my husband and I just filed my papers. I got my ED card and Advance Parole. My visa stamp expired but my I-20 and I-94 have not expired. I would like to visit my country. Question: While I am there do I extend my student visa or the AP should allow me back in the country even though my visa expired last year. What visa do I enter the country with? I am confused!!

[Fischkoepfin 1]

Best thing to do would be to apply for another AP or to wait for AOS. You will not receive another student visa if you're not enrolled. You also cannot get a student visa if you're currently waiting for adjudication of your immigrant petition.

I'm surprised, however, at your case. You cannot be legally in the US on an F-1 (I-20) if you are not enrolled in an American school. Your visa and I-20 becomes invalid one months after leaving school and you are required to depart at that point. Even though this is not connected to your question and certainly none of my business, I would consider getting a touch with an family immigration lawyer if there is a chance that you accidentally overstayed your visa. Good luck.

[zyggy 9]

Best thing to do would be to apply for another AP or to wait for AOS. You will not receive another student visa if you're not enrolled. You also cannot get a student visa if you're currently waiting for adjudication of your immigrant petition.

I'm surprised, however, at your case. You cannot be legally in the US on an F-1 (I-20) if you are not enrolled in an American school. Your visa and I-20 becomes invalid one months after leaving school and you are required to depart at that point. Even though this is not connected to your question and certainly none of my business, I would consider getting a touch with an family immigration lawyer if there is a chance that you accidentally overstayed your visa. Good luck.

It depends on when you withdrew from school. If it has been more than 180 days between the time that you autorrized period of stay expired (30 days after the day that you dropped out of school) and the received date on your I-485, Do NOT leave the US until you get your permanent resident status for any reason. You have very likely either been out of status for more than a year and are subject to a 10-year ban on reentry or for 180 days and are subject to a 3-year ban on reentry. AP cannot protect you from this... Sorry, but you're probably going to have to hang tight until you become a permanent resident..

If you want a more definitive answer, you have to provide more information.

Edited June 2, 2006 by zyggy

[Illinois 0]

Once you become an AOS pending (i.e. you have a NOA for I-485), your F-1 is no longer in effect, even if you had been a student in status. Obviously, your case has progressed beyond the NOA stage as you say you have an EAD and AP.

It is not exactly clear if you went out of status (left school) before filing for AOS, although that is the implication from your message. If so, as zyggy says, depending on the time period you were out of status, you could be facing a ban on re-entry. Although you have been issed an AP, it does not guarantee re-entry if your situation has triggered the ban. If that is the case, the only option is to sit tight until the AOS process is complete and you have PR status. Do not leave the country with the AP.

Good Luck!

[chocolaterie 0]

yes, i agree with the above responses. if there is anyway you have overstayed your visa, I would recommend against travelling until you have your greencard.