Happily married, sadly in removal proceedings and full time student with the international student dept.

[kraykray 0]

Hi, I am a full time student who is in removal proceedings.

I was an F1 student and became out of status after completing my B.A . In the same month, married the woman I love and have been living with for more than 3 years. She is a US citizen.

Then I took the GRE applied, got accepted to grad school. In April, I went to the International Student Dept. and talked to them about my marriage and how I became out of status in March. I told them I was starting a M.S program in Fall and they stated that I should just pay my fees, go to my classes and " don't be proactive" about it.

In mid july I was picked up from my home by special agents, and put on removal proceedings.

Few weeks ago, I started going to school and I am a full time student. I am paying international student fees and I have international student insurance. However, my school denies to issue me an I-20. They suggested that I leave and re-enter or apply for reinstatement. They are also saying the 5 month period to apply for reinstatement of F-1 status has passed, but I still have a chance.

They knew when I visited them in April (then later in May) I was accepted to the M.S program and I was going to become a full time student. However, they waited until last week to tell me that I should apply for reinstatement of F-1 status otherwise I could be detained. (thanks, I already did because I was told “don’t be proactive” and I took that advice).

Oh well, since I already was detained and put on removal proceedings, is there any point of applying for reinstatement of F-1 status? Can I get reinstated based on my full time student status?

Based on this, do they have the right to deny my enrollment for the next semester? (yesterday they tried to make me sign a statement saying they notified me about all of my options and the consequences).

Should I just sign the statement , file my I-130 with my wife and keep going to school ?

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from student visa~

[Boiler 45,533]

I would anticipate your only real option is to stay and adjust. I think in front of an Immigration Judge.

If you do not have one, you need a Lawyer.

[Ontarkie 14,227]

~~Duplicate post removed. Please do not make multiple threads for the same or similar topic.~~

[Caryh 5,206]

I'd be careful of signing anything without a lawyer looking it over.

[canadian_wife 1,822]

You need to be careful on how you proceed. You need a lawyer, this is not a DYI case

good luck

[NancyNguyen 1,657]

Some DSOsdon't even know what they are talking about. You can't reestablish any non-immigrant status when you are in removal preceeding. It is time to find an experienced lawyer.

[aaron2020 11,651]

You have been married to a USC for 3 years?

Why didn't you bother to adjust for $1070?

Why would to choose to pay thousands of dollars in international student fees?

Put those dollars towards a good immigration lawyer.

[Ian H. 207]

I'm not sure if he meant that he was married for 3 years or just living with her for 3 years then got married. The difference here would be of importance.

If he got married 3 years ago and is NOW in removal proceedings, then at least by filing the I-130 he can't be accused of the "trying to evade the immigration laws" part. If he got married WHILE in removal proceedings or sometime AFTER, then it would just be worse. But in either case since the OP is in removal proceedings, he should have an attorney.

And I agree, if you have in fact been married for 3 years, you could have avoided this by filing AOS sooner.

[NikeS 49]

No he fell out status in March, then married his girlfriend in March before the removal proceedings in July. If he had filed concurrently in March he wouldn't be here today. He has yet to file the I-130.

@ OP I'm sorry you are in this situation. You need a good lawyer, file the I130 ASAP and take it from there as your lawyer advises. You won't be able to continue school until your legal status is established. Chances are the F1 reapplication will be denied - the last one expired + you are in removal proceedings. Please get a good lawyer before taking further steps.

Edited September 12, 2014 by NikeS

[zuluweta 250]

No he fell out status in March, then married his girlfriend in March before the removal proceedings in July. If he had filed concurrently in March he wouldn't be here today. He has yet to file the I-130.

@ OP I'm sorry you are in this situation. You need a good lawyer, file the I130 ASAP and take it from there as your lawyer advises. You won't be able to continue school until your legal status is established. Chances are the F1 reapplication will be denied - the last one expired + you are in removal proceedings. Please get a good lawyer before taking further steps.

Detention and removal proceedings only started in July, several months after OP got married in March or April. OP cannot then be accused of marrying just to avoid deportation. The problem is the failure to adjust status before removal proceedings.

OP now needs to hire a lawyer, file the I-130, have removal proceedings terminated in front of the immigration judge as OP has a pathway to permanent residence or citizenship via the wife. Once removal is terminated, only then can the adjustment of status be adjudicated by USCIS.

[kraykray 0]

Thank you everyone, for clarifying the situation I am in. I just wanted to give you all an update.
I now hired a lawyer, I am trying to send the I-130 with the supporting evidence ASAP

Also I was able to get a written response from the school verifying they will not take any actions against me on the basis of my immigration status that would affect my ability to continue my studies.

[Darnell 8,478]

I hope you prep the I-130 plus the I-485, it's the combo of those that you need, not only the I-130.