F1 visa and overstays?

[fip & jim 452]

3 hours ago, Lemonadepie345 said:

 

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?

Was your sister born in the US? 

 

This sounds like a horrible mess for you to deal with. Very sorry your parents have left you in a vulnerable position. Is there someone you trust that you can talk to about this in "real" life? Student support worker or counsellor? This isn't just about the technicalities of a visa but the implications for your future and the emotional impact of your parent's actions. You'll need support as you work through this. It must be scary. 

 

[abum 324]

4 hours 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?

Your parents have been in the USA for 17 years, and you sister has not started college yet. So she is below 17 then? Was she not born in the USA?

 

If not, how and when did she arrive into the USA? was status did she have before?

1 hour ago, Boiler said:

The D/S  loophole is going away.

What's D/S ? Duration of Status? How is it a loophole?

[SusieQQQ 11,586]

5 hours ago, Lemonadepie345 said:

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

 

1 hour ago, abum said:

Your parents have been in the USA for 17 years, and you sister has not started college yet. So she is below 17 then? Was she not born in the USA?

 

Exactly what I was thinking, OP said a couple of years till college still. How does this add up?

 

What can be “home” for this sister, a country she can’t know with no immediate family there?

 

[Lemonadepie345 2]

4 hours ago, SusieQQQ said:

 

Exactly what I was thinking, OP said a couple of years till college still. How does this add up?

 

What can be “home” for this sister, a country she can’t know with no immediate family there?

 

No, so my parents actively decided to have her back home. She could have been born here but my mom essentially went back sometimes during her pregnancy and gave birth to my sister in our home country. As for everyone else asking they are both still on F2. 

 

However, reading through all the comments I am leaning towards what you all are telling me and my parents are either really, really clueless or they are lying to us. 

 

However, I did ask this because like I stated in my original post, I am really worried about applying for OPT and any other potential visa because I’m afraid that my name will be flagged at immigrations thanks to my parents.

 

And by home one I mean back with my grandparents. We are both close to them.

Edited June 22, 2018 by Lemonadepie345

[Lemonadepie345 2]

6 hours ago, abum said:

Your parents have been in the USA for 17 years, and you sister has not started college yet. So she is below 17 then? Was she not born in the USA?

 

If not, how and when did she arrive into the USA? was status did she have before?

What's D/S ? Duration of Status? How is it a loophole?

No, so my mom went back to our home country and had her in her parents home town. She is registered in over, has a foreign birth certificate. 

 

My mom rentered I believe on a F2 visa (that’s what she told me) and my sister and I both have had F2 visas all throughout our childhood.

 

4 hours ago, SusieQQQ said:

 

Exactly what I was thinking, OP said a couple of years till college still. How does this add up?

 

What can be “home” for this sister, a country she can’t know with no immediate family there?

 

 

[Lemonadepie345 2]

8 hours ago, Boiler said:

The D/S  loophole is going away.

So are D/S stamps going away? Like, no one will get their I-94 with D/S marked on it?

[geowrian 22,337]

6 hours ago, abum said:

What's D/S ? Duration of Status? How is it a loophole?

Yes.

The loophole was that people could overstay but not incur a penalty for overstaying like anybody else.

[mcdull 474]

good luck!

Edited June 22, 2018 by mcdull

[WeGuyGal 1,052]

14 hours ago, Lemonadepie345 said:

 

 He simply refuses to assimilate.

Exactly the kind of immigrants we don't want. 

[Jojo92122 1,924]

We are Borg.  You must assimilate.  LOL.

[Boiler 45,525]

None of these people are immigrants.

 

They entered on F1 and F2 visas which are temporary and for the purpose of studying in the US.

 

Seems the OP has F1 status., the rest of the family I would not like to guess but certainly they will start accruing illegal presence very soon if they have not already done so.

[Roel 7,192]

I just wonder if your parents are fully aware that they are pretty much abusing the immigration system and they don't care about being illegal, or they are truly so uninformed..  Maybe let them know what sort of situation they are in.

[Boiler 45,525]

Pound to a penny they know exactly what they did.

[SusieQQQ 11,586]

1 hour ago, Roel said:

I just wonder if your parents are fully aware that they are pretty much abusing the immigration system and they don't care about being illegal, or they are truly so uninformed..  Maybe let them know what sort of situation they are in.

Good point, lemonadepie maybe you should sit down with them and tell them what you’ve found out via your internet research. Especially the bit about the fact that there is no getting around the fact they will start accruing unlawful presence very soon regardless of D/S and if they get deported they stand to lose everything. Do the “private lenders” have any ties to your home country, out of interest? Because they won’t be happy if they’re not getting paid back.

 

there are some bits in the story that don’t add up to me I have to say but I’m not sure if that’s crucial (do uour grandparents  visit often that you’re so close to them, because obviously it’s not you guys going? Why is the default for you a CoS to F1 but you’re more keen to send your sister “home” than have her do the same thing?) but these aren’t crucial. I am interested in your parents reaction when you tell them you’ve figured out they’ve been out of status for years.

Edited June 22, 2018 by SusieQQQ

[Lemonadepie345 2]

13 minutes ago, SusieQQQ said:

Good point, lemonadepie maybe you should sit down with them and tell them what you’ve found out via your internet research. Especially the bit about the fact that there is no getting around the fact they will start accruing unlawful presence very soon regardless of D/S and if they get deported they stand to lose everything. Do the “private lenders” have any ties to your home country, out of interest? Because they won’t be happy if they’re not getting paid back.

 

there are some bits in the story that don’t add up to me I have to say but I’m not sure if that’s crucial (do uour grandparents  visit often that you’re so close to them, because obviously it’s not you guys going? Why is the default for you a CoS to F1 but you’re more keen to send your sister “home” than have her do the same thing?) but these aren’t crucial. I am interested in your parents reaction when you tell them you’ve figured out they’ve been out of status for years.

I believe they are loans from our country.

My grandparents do visit from time to time. But we do talk, Skype, write letters, and just generally maintain a great relationship. They have been our support system since day1 even more so then our parents. I would love to get my sister to do the same thing I did. But when I changed my status we weren’t too far into the Trump administration (not to sound too policitcal). By the time my sister is set to finish school, we can’t tell what the political climate will be and I honestly don’t want her to incur a ten year ban because who knows what might happen over the next couple years.