USCIS Changes Website, Backtracks On Foreign Student Rules

[maryLu 58]

It wasn't a marriage based case. We had an EB3 case, he entered with F1 with D/S, but didn't return  after he completed his studies, so couldn't adjust in the USA. I had unlawful presence  but went with an approved I601A.  Very complicated case, but I am so glad we were to get our case processed before this new law.

[geowrian 22,337]

41 minutes ago, hoangthaihuy said:

It doesn't effect marriage-based AOS.

Only if exempt from the unlawful status bars to AOS (i.e. immediate relative of a USC). It does impact those who are not exempt, such as employment-based AOS, LPR petitioners (including spouses), and non-immediate relatives of a USC (i.e. adult son/daughter or a sibling).

[SusieQQQ 11,586]

I for one am glad this new regulation  is coming in, it’s been a slap in the face for those of us who do everything properly that so many people have just abused the old system with no consequence. 

[maryLu 58]

4 hours ago, SusieQQQ said:

I for one am glad this new regulation  is coming in, it’s been a slap in the face for those of us who do everything properly that so many people have just abused the old system with no consequence. 

I understand your point, but in my opinion there are consequences and they are rough! I wish I knew 15 years ago what overstaying the visa means, I honestly had no clue. I listened to the wrong advice- wait until you get married. I refused to get married for papers, and fell in love with someone on student visa. He didn't want to get married for paper either,  so we were both "stuck".  ( We had to  either leave to a poor country with no family left there, or stay here out of status.  It was not easy by any means feeling like the garbage of society for so many years and constantly living in fear.  I am not saying that just to gain anyone's sympathy, it was the consequences of our choice, but it was a rough consequence. My husband did attend the school he was supposed to for over 6 years, we payed for our own education,  run a very successful business, payed a lot of taxes, never took a dime from the state, created two jobs at our business. My whole family (sisters and parents ) are USC, his family are all USC. We were too old to come with them.  I am so grateful that the company he has been working for sponsored him and there was a way within the law to get our LPR status, and this law was our way, we had our interview 7 days before it went into effect. I will forever be grateful for this privilege and will do my best to contribute to this great country. 

[WeGuyGal 1,052]

5 hours ago, SusieQQQ said:

I for one am glad this new regulation  is coming in, it’s been a slap in the face for those of us who do everything properly that so many people have just abused the old system with no consequence. 

Couldn't agree more. Too much abuse from those gaming the system! 

 

Funny how those abusing realize so when nearing a visa, etc decision. For example, previously having a child while on a B2 paid with taxpayer assistance, and suddenly offering to pay those expenses if it looks like a visa is in jeopardy.. comes to mind. 

[SusieQQQ 11,586]

You chose to break the law, you’re extremely lucky the existing legislation was lenient enough to let you get away without consequences. Everyone has a reason that they use to justify what they’ve done.  If you “lived in fear”, that was your choice to stay illegally and not wait till your USC family could legally petition you, plenty of people do legally wait the 12-15 years for F3 or F4 visas. Plenty of us come from poor countries, if that was still all you needed to stay in the US there’d be a lot more people here. Good luck to you now that you’re legal.

Edited August 21, 2018 by SusieQQQ

[aznhouston 130]

On 6/7/2018 at 4:05 PM, SusieQQQ said:

 

I saw recently someone (different forum) has been here 5 years overstaying on a J visa but because he was admitted D/S has not started accruing unlawful presence yet! Even though he's clearly in violation of a bunch of things.  Totally ridiculous !!!

Yeah, it's so unfair for people like me working and studying our a** off just to stay in-status. While others...

I think the new policy makes a lot of sense. If you come here and go out of status, you're not a good citizen. Really. I don't mean to judge, but look, it's clearly breaking the law. Being on F/J visa means you have to be a student.

[TBoneTX 45,273]

Several noncontributory/bickering posts have been removed.

[maryLu 58]

6 hours ago, SusieQQQ said:

You chose to break the law, you’re extremely lucky the existing legislation was lenient enough to let you get away without consequences. Everyone has a reason that they use to justify what they’ve done.  If you “lived in fear”, that was your choice to stay illegally and not wait till your USC family could legally petition you, plenty of people do legally wait the 12-15 years for F3 or F4 visas. Plenty of us come from poor countries, if that was still all you needed to stay in the US there’d be a lot more people here. Good luck to you now that you’re legal.

yes, it was my choice, and I had to deal with that for a long time, however you never know how it is to walk in someone else's shoes.   Things are not always as black and white as they seek.. I would definitely  do things  differently if I could go back, but I can't.... anyhow it is what it is.  My point was that the existing law benefited our family, and that I was saddened by the proposed changes. I understand the other point of view though. Best wishes to you too. 

[SusieQQQ 11,586]

Yes we get it, you’re like a latter-day Jean Valjean.

By the way - the next time you hear of someone from you or your husband’s country who gets refused a genuine visa application because they can’t overcome the presumption of immigrant intent - you can thank yourselves for contributing to the refusal. These decisions are partly based on how many people of a particular nationality overstay their visas. Just in case you think no one was harmed by your actions. 

[Ontarkie 14,220]

~~Related threads merged.~~