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22-May-2001 06:05 PM

transfer illegally?

neema

I have been working illegally ever since i was kicked out of school cause my dad could not pay for my fees. THat has been 2 years now. My visa expired six months ago. can i apply to another school and if admitted obtain an i-20 from the canadian border of from us embassy in canada?will they give it to me or will they know that i have been illegal...or what??can they do background check???help!!!

23-May-2001 06:16 AM

Re: transfer illegally?

Serge

If your F-1 visa (a sticker in your passport) had not expired you would probably be able to reenter the country with a new "initial attendance" I-20 from a different school even if you were out of status and get back in status.

If your visa had expired but you were still in status you could get a new visa from a border post in Canada, altough you wouldn't need to do it unless you wanted to travel abroad.

I believe an out-of-status student without a valid visa has a very slim chance to get a new F-1 visa from Canada, or no chance at all. I dont think it would even come to checking your employment records. One of the problems is that you can't get back from Canada without a valid I-20 signed on the back by a student advisor (some students were able to accomplish this because INS agents are sometimes extremely negligent, but don't count on it). I'm afraid if you go to Canada you won't be able to get back.

I hope someone can come up with a solution for you. I guess marriage to an American works in most situations, but you'll need to consult an expert. Try to ask about it on:

alt.visa.us.marriage-based

I'm just a student like you by the way, I may be wrong.

25-May-2001 06:14 AM

Re: transfer illegally?

dgazena

If the american consulate finds out you were out of status for two years, you will be hard pressed to get another visa. And if you lie on the new visa application, you will be commiting fraud. additionally, since you have overstayed by more than 6 months (after 4/97) you may not legally enter the US for 10 years. You're shafted.

an INS guy

25-May-2001 03:32 PM

Re: transfer illegally?

Serge

Actually she has not "overstayed" her visa. She's
"out of status". INS doesn't know about it unless
her student advisor reported her, which is not very
common. If she leaves the country INS wouldn't
know that she was out of status for 2 years.

You "overstay" only if your "out-of-status" situation
gets reported to INS. They can't tell otherwise.

If Neema's student advisor reported her to INS
then you are right and she won't get another visa
for 10 years. She can wait for an amnesty for illegal
people. Or find an employer who would sponsor
her for a GC under that temporary law... forgot the
name of it.

25-May-2001 09:30 PM

Re: transfer illegally?

neema

i heard th temporary law had expired..the one clinton passed right??I heard it expired april 30

About marriage, will that grant me total amnesty, as in, they won't be able to deport me at all?
I know i keep on posting a lot of messages but i really don't know what to do at ALL!if you guys have more advice or know of anyone else i can contact who is very knowledgable, please let me know as soon as you can. You can't imagine how helpful that would be.
Should i just leave the US?Go to school in canada?If i do get an 1-20 should i even attempt to go to an embassy for a visa or should i scratch that idea??Also, if i come up with the funds to pay the school (by some grace of god cause i've written to various foundations etc..), willl my situation still be delicate (status/visa-wise)???
any feedback...give it to me!thank you!

26-May-2001 01:51 AM

Re: transfer illegally?

Serge

I think you could marry a US citizen without any negative consequences. Most likely INS doesn't know you are out of status, I'm not sure what their policy is on illegal work when you marry someone.

As for the Section 245(i) law, it has expired but looks like it's getting a limited 4 months extention. ( http://www.usvisanews.com/memo1306.html ). I'm not sure if you can use this law cause technically you are not illegal. I would consult a lawyer about it.

And post your question about marriage on that marriage newsgroup I was talking about, they know better than us.

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