F1 visa and overstays?

[Boiler 45,499]

So why do they want to stay here?

[Lemonadepie345 2]

12 minutes ago, Boiler said:

So why do they want to stay here?

Good question. I honestly have no idea.

[Coco8 1,042]

1 hour ago, Lemonadepie345 said:

No offense taken! At this point I just simply cannot understand their logic as well. So, as for my change of status I did start the process at 17 and started school at 18.

 

i have been distancing myself from them and their work ever since I did some research because I do not want problems. And my grandparents have promised me my tuition as long as I keep up in my schoolwork. 

Good for you! 

 

You got lucky that you changed status. You should be fine then as long as you don't leave the US. If you did, you would also have to go to your country of origin for a visa, which could be tricky given that your parents are in the US and you lack of ties to the country.  It'd be a gamble.

 

If you want to get some work experience, look for opportunities in your college/university. You might be able to do some internships that is part of a class (some people intern for city council or something, but it is not formally a job but a class in which you intern and then, meet to discuss your internship) and you can also work for professors or labs/centers assisting in research. It will give you a better change at getting an OPT/H1B route (though H1B is lottery).  

 

Good luck!

 

 

 

 

 

Edited June 22, 2018 by Coco8

[SusieQQQ 11,586]

1 hour ago, Lemonadepie345 said:

They were private loans as far as I know. I am still trying to navigate this. No, to my understanding they just went back to their old status?

 

I’ll definitely keep that in mind! I do want to stay here but I do want to do it the right way.

Ya, but personally it was much needed as my dad still does not really speak English. He simply refuses to assimilate.

“Private” loans? Oh dear, I was afraid it would be something like that. Doesn’t sound good to me tbh.

17 years on a student visa supposedly studying in English but not speaking English ?! Sorry but this makes no sense. Lots of holes in their story. At leas you’re doing your own thing now.

 

i also got to wondering about the difference between being out of status and accruing unlawful presence. If my understanding is correct, on the latter until now because of the D/S they may have been ok on despite being out of status, however the law has caught up to this and from August that is changing and they will start accruing unlawful presence from then. If you have any siblings I suggest you help them ensure they protect their status too. Good luck with everything.

[Lemonadepie345 2]

6 minutes ago, SusieQQQ said:

“Private” loans? Oh dear, I was afraid it would be something like that. Doesn’t sound good to me tbh.

17 years on a student visa supposedly studying in English but not speaking English ?! Sorry but this makes no sense. Lots of holes in their story. At leas you’re doing your own thing now.

 

i also got to wondering about the difference between being out of status and accruing unlawful presence. If my understanding is correct, on the latter until now because of the D/S they may have been ok on despite being out of status, however the law has caught up to this and from August that is changing and they will start accruing unlawful presence from then. If you have any siblings I suggest you help them ensure they protect their status too. Good luck with everything.

 

8 minutes ago, SusieQQQ said:

“Private” loans? Oh dear, I was afraid it would be something like that. Doesn’t sound good to me tbh.

17 years on a student visa supposedly studying in English but not speaking English ?! Sorry but this makes no sense. Lots of holes in their story. At leas you’re doing your own thing now.

 

i also got to wondering about the difference between being out of status and accruing unlawful presence. If my understanding is correct, on the latter until now because of the D/S they may have been ok on despite being out of status, however the law has caught up to this and from August that is changing and they will start accruing unlawful presence from then. If you have any siblings I suggest you help them ensure they protect their status too. Good luck with everything.

Yes, I know this whole thing is a mess. Although, I may have been a little dramatic at the whole no English part. He could speak a little but if anyone hears him talk, it sounds like he just got here. He doesn’t have the fluency of someone who has lived here 17 years.

 

Any advice on what I could do to help my sister? She still has a couple more years left before starting college. Would my sister also be accusing unlawful status?

[Boiler 45,499]

Is your Sister going home for college?

[SusieQQQ 11,586]

29 minutes ago, Lemonadepie345 said:

 

Yes, I know this whole thing is a mess. Although, I may have been a little dramatic at the whole no English part. He could speak a little but if anyone hears him talk, it sounds like he just got here. He doesn’t have the fluency of someone who has lived here 17 years.

 

Any advice on what I could do to help my sister? She still has a couple more years left before starting college. Would my sister also be accusing unlawful status?

I believe (someone correct me if I’m wrong) that only unlawful presence after age 18 counts (in other words they don’t hold minors responsible). 

 

[Lemonadepie345 2]

7 minutes ago, Boiler said:

Is your Sister going home for college?

 

7 minutes ago, Boiler said:

Is your Sister going home for college?

She has been talking about going somewhere like Canada, Australia, or Europe. But if she could she would love to be able to stay here. Do you think if she applys for a change of status it will get approved as well?

[Boiler 45,499]

3 minutes ago, Lemonadepie345 said:

 

She has been talking about going somewhere like Canada, Australia, or Europe. But if she could she would love to be able to stay here. Do you think if she applys for a change of status it will get approved as well?

She will have no status.

[SusieQQQ 11,586]

7 minutes ago, Lemonadepie345 said:

 

She has been talking about going somewhere like Canada, Australia, or Europe. But if she could she would love to be able to stay here. Do you think if she applys for a change of status it will get approved as well?

The chances of getting a student visa for any of those countries with no legal status in her country of residence is next to zero, I’m afraid.  (She wasn’t born in the US by any chance?)

[Lemonadepie345 2]

22 minutes ago, SusieQQQ said:

The chances of getting a student visa for any of those countries with no legal status in her country of residence is next to zero, I’m afraid.  (She wasn’t born in the US by any chance?)

No, she wasn’t. Should she just aim to go back home as soon as possible?

[TNJ17 1,329]

I seriously doubt your parents are telling you the truth. You can’t have an F1 visa for 17 years let alone on an ESL class. In order to have a valid F1 you need to be a full time student. You can’t even be part time. Not allowed when you’re F1. And you’re only allowed to work on your campus. No outside work is allowed. And if you change schools, you have to get a whole new I-20 and I-94. You are most definitely not allowed to take out loans to open a business. Your parents are lying to you and hiding a whole lot of stuff from you. No wonder they got denied. Have you also been here for 17 years? What kind of visa did you have before changing to F1? Be very careful about how you proceed with your status or you’ll get in trouble in the future when you try to apply to different things. Make sure you follow the rules and check your paperwork often and reapply when needed. 

[TNJ17 1,329]

What kind of visa is your sister on right now? Is it still valid? She should apply for a change to an F1 as soon as she can. If I were her I wouldn’t risk leaving the country without figuring out her status first. She could not be allowed back. She would need to apply for other visas and if she was there out of status for any amount of time she could find herself in trouble and not allowed back in. She should find a school here and change her status to an F1. Your parents really need an immigration lawyer to get them out of this pickle. 

[Coco8 1,042]

2 hours ago, Lemonadepie345 said:

 

She has been talking about going somewhere like Canada, Australia, or Europe. But if she could she would love to be able to stay here. Do you think if she applys for a change of status it will get approved as well?

 

The problem is she would not be able to visit the US (it would be hard to get a visitor visa) and you guys would not be able to visit her.

 

Better to try to graduate from high school and transfer to an F1 like you did.

[Boiler 45,499]

The D/S  loophole is going away.