ninjaspinji
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I see what you mean, more of a how it'll look to CBP. Also I'm still very confused as to how aging out works and CSPA age. I know USCIS lies about processing times but for the sake of argument. USCIS says it'll take 5 more weeks to approve my I-130, which means it'd take about 3 months. This means my pending time is 3 months? So when calculating my CSPA age I'd at most be able to be 21 and 2 months so that I don't age out. Or am I misinterpreting the CSPA age calculation?
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Also I know I'm accruing unlawful presence right now (not ideal). Is there any legal difference if I leave like in May (120 days) vs July (160 days)? As long as they're both <180? I still need to finish things up for school and would really need to stay until July 15th ish. Which would still be <180 days. Also, I'm assuming USCIS is smart and knows when I fell out of status, bc as far as I know my I94 still just says valid until July 30.
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Well the plan is college + grandparents and dad + having house in my name, for using my tourist visa / renewal. And then everything except college as ties when trying to get sponsored for TN Visa. I’m doing Computer Science at top ranked uni so getting a job to sponsor me seems realistic. Not planning on coming back using tourist visa until next summer. (More realistic than the month or so if I applied for student visa) And then use the argument that me I130 would never become current so they can’t use it against me when crossing. My concern atm is what to say the purpose of my visit is when talking to CBP. My plan is to just be honest.
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What do I do then 😭😭 I’d think that at least withdrawing the I130 and being enrolled for college in Mexico would help. And my current tourist visa is valid until 2026. Hopefully I wouldn’t have to wait the 836 days for the interview.
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Oh and I did talk about waiting for the I130, but it's too risky for me, and wouldn't wanna place rely on USCIS processing times.
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Thank you for all the help. Talked to another lawyer and he advised against the student visa because of the possibility of denial and possible consequences down the road. My plan now is to withdraw the I-130, study in Mexico, and then get an employer to sponsor me for a TN Visa. I'll do what I can while in Mexico to lay some roots, and college enrollment should make it easier to use (and renew) my tourist visa. Thank you all again for the messages and the help!
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3 Months in the next 6 is crazy, and knowing them it'll be slower. I'm not counting on the I130 at all at this point. I'm planning on doing computer science and getting a job in that field (for context in getting a TN visa in case the student doesn't work out). Should I expect this level of scrutiny after graduating from college in Mexico, due to it being a nonimmigrant visa? Or is this more of an issue because it's a student visa?
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ninjaspinji reacted to a post in a topic:
Need advice on Student Visa, I130 Petition, and TN Visa
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Thank you for the help, I'll consult a lawyer before eventually filing my F1 visa from Mexico to ensure I have the strongest case. I'm also applying to a college in Mexico regardless in case this doesn't pan out, and then the TN visa. But pursuing a student visa, even if applying from Mexico, is worth a shot right? Like I'm at a community college with a guaranteed transfer program into a 4-year university, and I have a 4.0 GPA. Like I really do want to get my degree from this university, and wouldn't be able to use the F1 visa as an excuse to immigrate with the pending I130 is my point.
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Family reacted to a post in a topic:
Need advice on Student Visa, I130 Petition, and TN Visa
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We did not consult w attorney (hindsight 20/20), we thought marriage based green card would be simple and it was. But didn’t know about implications for me. So could my plan of filing for student visa from Mexico work?
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As far as my college is concerned I'm still set to go in the fall. I was told that since I'm out of status right now I'd have to apply from Mexico anyway. Every college I've seen is only granting I20s for the fall term. Apply in July once I get financial aid from my college, so I can get my I20. My concern is that the pending I130 possibly signals immigrant intent, including for a possible TN visa down the line. Is it even worth keeping the I130 since it'll probably be useless? Or would I still be able to get an F1 visa for this fall semester even with the pending I130?
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I did not, my parent married US Citizen and they and my sibling (<18) both got GCs from US Citizen. I was over 18 for that so I wasn't able to get it along with them. US Citizen Step-Parent can't petition me because for immigration purposes they're not my step-parent, sorry should've clarified.
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My parent has only filed I130, can you elaborate on the CSPA protection? I thought CSPA would freeze my age at 19 until my number became current, like would it mean I'd age out and switch my status to F2B?
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I was recently on H4 status as my parent had H1B, they became LPR a month ago (was unable to become LPR bc >18 but <21). They filed I130 for me thinking it was the next logical step. Recently learned them getting GC ended my H4 status and I must leave USA before 180 days to avoid 3 3-year bar. Currently a college student and was planning on getting a student visa but thought I could wait until Fall 2024. Preparing for having to study in Mexico (home country) until either F2A becomes current, how long would that be as F2A in Mexico? Or attempting to file an F1 visa from Mexico in the next few months, or working on a TN visa after I graduate from college in Mexico. Would the I130 prevent me from getting either visa as they are both non-immigrant visas? Would I be better off having parent withdraw I130 to make non-immigrant intent easier to prove? I just want to be able to at least finish college here, and sometime in the future work on a TN visa. What's my best path? Any advice is appreciated.