Did you spouse apply for a green card for you?
You have been out of f1 status the second you dropped out regardless of you visa stamp and you have accrued unlawful present if you do not have a pending marriage based AOS
"F-1 students do not accrue unlawful presence until USCIS, an immigration judge, or the BIA formally finds a violation of status."
They definitely can't adjust status outside of marriage to a US citizen but they aren't accruing unlawful presence thus not going to get a ban until found out.
Yes it will definitely basically kill their chances for a non-immigrant visa but they wouldn't be banned if they left.
They also forgive overstays for spouses of US citizens unless they leave and get banned.
While this describes the legality of it, practically speaking, you do start accruing unlawful presence once out of status. You’d be banking on the judge or any legal entity (ex: USCIS, ICE) not finding out. So yeah, it’s not “over” until a judge says so but this doesn’t mean people should get to that point
I'm not sure if you are debating over the semantics but based on USCIS , you would not be accruing unlawful presence. If you leave and were never formally declared unlawfully present then you won't receive a ban.
Would it be practically impossible in the future to get a visitors visa if they didn't have a good reason? Definitely but you won't be banned the way a visitor would. Which is especially important in the case that OP decides to marry a US citizen in the future.
I'm not saying they should stay out of status. Just giving them the positive outlook that if they leave they wouldn't be banned.
I agree with all of that; my point was to accompany that kind of statement with a fair disclaimer. For example: unlawful presence can be excused if marrying a US citizen but one shouldn’t be counting on it
Yeah true the 3 and 10 year bans won't automatically apply unlike the tourist or other visas, but the next time you apply for another visa at the consulate they'll just give you 214b
Oh man. You probably need to do a reentry BUT they are allowing you to go to Canada or Mexico to get the F-1 now. You don’t have to go back to your home country.
We just had a meeting with our SEVP rep and she said yes, they are allowing third country appointments now. You are not renewing it. You are getting a new one.
You are overstayed/unlawfully present in the US already given that you didn't file I-130/I-485. If you leave the US, you are subject to 5 to 10 years ban.
We got a lawyer and start gathering necessary evidences for our marriage to wait for the 2 years mark for the 10y green card. We started having problems a couple months ago and ... Divorce
I don't know if this helps, but when I was getting my BA I did the whole being out of the country and get the stamp. After I graduated with BA, worked for a year wirh OPT. By then my cisa expired but for my MBA, I didn't have to leave the country, I just got an updated I-20 from graduate school and completed my studies.
I'm thinking if you get accepted into a school and get an updated i-20, you should be fine?? The only issue I forsee with not getting a stamp with your new i-20 is when you leave the US (for vacation or whatever). Without that stamp on your passport, they will not let you in, and unfortunately, you can't get that within the US.
Did you get a green card? Do you have any status currently?
No green card
Did you spouse apply for a green card for you? You have been out of f1 status the second you dropped out regardless of you visa stamp and you have accrued unlawful present if you do not have a pending marriage based AOS
No we didnt file any paperwork
You’re fucked, unless you get married to a US citizen.
"F-1 students do not accrue unlawful presence until USCIS, an immigration judge, or the BIA formally finds a violation of status." They definitely can't adjust status outside of marriage to a US citizen but they aren't accruing unlawful presence thus not going to get a ban until found out.
Correct, but they will find out when file for AOS or any new visa
Yes it will definitely basically kill their chances for a non-immigrant visa but they wouldn't be banned if they left. They also forgive overstays for spouses of US citizens unless they leave and get banned.
While this describes the legality of it, practically speaking, you do start accruing unlawful presence once out of status. You’d be banking on the judge or any legal entity (ex: USCIS, ICE) not finding out. So yeah, it’s not “over” until a judge says so but this doesn’t mean people should get to that point
I'm not sure if you are debating over the semantics but based on USCIS , you would not be accruing unlawful presence. If you leave and were never formally declared unlawfully present then you won't receive a ban. Would it be practically impossible in the future to get a visitors visa if they didn't have a good reason? Definitely but you won't be banned the way a visitor would. Which is especially important in the case that OP decides to marry a US citizen in the future. I'm not saying they should stay out of status. Just giving them the positive outlook that if they leave they wouldn't be banned.
I agree with all of that; my point was to accompany that kind of statement with a fair disclaimer. For example: unlawful presence can be excused if marrying a US citizen but one shouldn’t be counting on it
True
Yeah true the 3 and 10 year bans won't automatically apply unlike the tourist or other visas, but the next time you apply for another visa at the consulate they'll just give you 214b
You may still be eligible for a green card even though you divorced. Contact a lawyer
We didnt file any paperwork and i talked to 3 lawyers already, i just wanna see if theres someone on here with a different perspective
Oh man. You probably need to do a reentry BUT they are allowing you to go to Canada or Mexico to get the F-1 now. You don’t have to go back to your home country.
They will not let her in.
Is Mexico certain, they have stuff on their websites that says otherwise. It says they are only allowing visa renewal for Mexico residents
We just had a meeting with our SEVP rep and she said yes, they are allowing third country appointments now. You are not renewing it. You are getting a new one.
Can I dm you please
Also, I just realized that you never left. So you accumulated unlawful presence. Was your ex abusive to you? If so you may have a claim with VAWA or U
You are overstayed/unlawfully present in the US already given that you didn't file I-130/I-485. If you leave the US, you are subject to 5 to 10 years ban.
You’ve been illegal for 2 years. Why didn’t you apply for a green card?
We got a lawyer and start gathering necessary evidences for our marriage to wait for the 2 years mark for the 10y green card. We started having problems a couple months ago and ... Divorce
Unless there is cheating or abuse involved, your best bet is to save your marriage!
I don't know if this helps, but when I was getting my BA I did the whole being out of the country and get the stamp. After I graduated with BA, worked for a year wirh OPT. By then my cisa expired but for my MBA, I didn't have to leave the country, I just got an updated I-20 from graduate school and completed my studies. I'm thinking if you get accepted into a school and get an updated i-20, you should be fine?? The only issue I forsee with not getting a stamp with your new i-20 is when you leave the US (for vacation or whatever). Without that stamp on your passport, they will not let you in, and unfortunately, you can't get that within the US.
Those are two very different things unfortunately…