Forum topics - Risking of getting caught?

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23-Oct-2000 06:55 AM

Risking of getting caught?

kali

I've been in the us with family for a couple of yrs illegaly, graduated from an american H.S, went back to my country a few times, came back to the us again, got in with a B1 visa, had no problem, now this time my idea is to change my status to a F1 student visa, am I risking it too much? is it a waste of time and money to even try to do all the paperwork? I'm thinking my transcript would show 4yrs of illegal residence.
What's there to do, to just get a college education in this situation??
please, I need some advice and tips urgently!!!!!

25-Oct-2000 09:25 PM

Re: Risking of getting caught?

Frank

Schools are supposed to separate their admissions decisions from any consideration of an applicants visa status. If you're accepted based on your grades, or if you happen to be good at kicking field goals (or whatever their criteria is), then they should decide your acceptance based on those criteria, issuing you the I-20 (assuming you want to attend in F-1 visa status).

The question of your legal status should not come up in the admissions process. It's more likely to come up if you were transferring from another school.

Since you re-entered the U.S. as a B-2 tourist, your legal status depends on whether you've over-stayed the expiration date on your I-94. If you haven't, then you're fine (since you're in-status since your last entry, whatever happened before is irrelevant). If you've over-stayed less then six months, go home and re-enter with an F-1 visa and form I-20.

If you've over-stayed more than six months, this would put you in the position of having a three-year bar to re-entry. (An over-stay of a year or more makes this a ten year bar to re-entry.)

You could just attend school as an illegal alien, (the school shouldn't be able to stop you from attending classes based on your legal status), but you won't have the benefits of legal status, including eligibility for permanent residency.

I hope you'll be able to make the trip home to return in legal status. This would be the best option.

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