AP - Finding Status

[supercaleroman 0]

Howdy.

I think my situation is as complicated as it gets: I came to the US in 2000 on a J-1 visa (exchange student). When my year was almost over, I was accepted to go to college and w/o leaving the US I applied for AOS to F-1. Back in 2004 I had to quit school and remained in the country. I recently got married and I'm starting the process for AOS and the GC and all fun stuff. My I-20 document says that I had until August of 2006 to complete my studies.

Here is the puzzle:

1. My company (yes, I've been working...had to survive somehow) may require that I travel abroad in October for about 6 weeks, for some specialized training. If I get AP before my trip, should I travel?

2. I know there's a potential 10-year ban on re-entering the US. However, did I really "overstay"? Is there a way to check what USCIS has on my file? The reason I asked is because I've been pulled over a few times (I was proved in court that I was being the victim of racial profiling...small town in the midwest) and the officers can see that I have an F-1 visa.

3. Since I originally came as a J-1, do I have the restiction? My motherland is Colombia.

Anyway...I am desperate to find the answers. I keep reading forums and posts, but can't find a solid answer. This forum appears to be the most serious of all.

I appreciate from the bottom of my heart your guidance. Perhaps someday I can help someone else in the same situation.

PS: If you haven't had a chance to read, this is brand new from the government:

[Dr_LHA 3]

If you quit school in 2004 and have remained in the country on a F-1, then yes, you were out of status for all that time. You shouldn't risk leaving the country on AP, because most likely you wouldn't get back in. You've basically been in the country illegally for the last 1-2 years. Its possible that USCIS won't catch it, but I certainly wouldn't risk it.

Also, I assume you're working illegally right now?

Good luck with your dealings with USCIS, I fear you might need it.

[Boiler 45,486]

1. Sounds like you have a 10 year ban on re-entry. AP does not get you back in for certain, and if you did get back in you would be paroled rather than admitted. Stupid to risk it. Presumable your Employer must realise you are not legal, or have decided to look the other way.

2. Not sure what the Police pull has to do with anything. Being racially profiled does not give you a free pass.

3. You should know if your J had a 2 year home residency requirement. Some do, some do not.

[supercaleroman 0]

1. Sounds like you have a 10 year ban on re-entry. AP does not get you back in for certain, and if you did get back in you would be paroled rather than admitted. Stupid to risk it. Presumable your Employer must realise you are not legal, or have decided to look the other way.

2. Not sure what the Police pull has to do with anything. Being racially profiled does not give you a free pass.

3. You should know if your J had a 2 year home residency requirement. Some do, some do not.

Hey boiler -

I don't know where to see if my J-1 had the home residency required. I was living in a different country when I got it. Now...I guess AP will be worthless then. I'll just sit tight and wait for things to evolve. Thank you all for your guidance.

[supercaleroman 0]

1. Sounds like you have a 10 year ban on re-entry. AP does not get you back in for certain, and if you did get back in you would be paroled rather than admitted. Stupid to risk it. Presumable your Employer must realise you are not legal, or have decided to look the other way.

2. Not sure what the Police pull has to do with anything. Being racially profiled does not give you a free pass.

3. You should know if your J had a 2 year home residency requirement. Some do, some do not.

Ok..this may help anyone with a J-1 visa: I looked at my old IAD-66 and the immigration officer checked the box for "2 year residence requirement does not apply". So I'm good...