How long does it take to get a Permanent Resident Visa under the Manitoba Provincial Nominee Program?

Help regarding F1 status! Very complicated! :(?

  • Hello. My situation is very complicated and I have a lot of questions. I'm thanking in advance to all of those who will be able to answer some of my questions. I hope you will be able to help me out in some if not all of them. I have been studying in the US since 2004. I graduated in 2007 in Hawaii, did my OPT in Utah, and then started my Master's program in April 2008 in Miami, Florida. All this time, I was still using F1 visa from undergraduate school in Hawaii. Due to medical reason, I had to take a semester off from January 2009-May 2009. From what I understand, I have up to 180 days for leave of absence. The school started giving me some problems, not allowing me to take classes for Spring 2009 semester. They said that I had to withdrawal from the school, return to my country, and re-apply for F1 again, they will have to issue me a new I-20 to start classes in Fall 2009. That in itself is very strange. They made me sign a withdrawal form. The DSO at this school is a total mess. She doesn't know much about international students and their laws. She didn't even know about CPT or OPT nor working on campus!! I always have to look for the information myself and send it to her, or else, risking some mistake from her and losing my status Q1: What is my status now? Now, I applied for another school and everything is in the process. The new school starts on July 2009 or January 2010. I have a few documents that are still missing in order to complete the application process. The new school needs all documents by July 15th, and today is July 12th already. Most likely I won't be able to have everything ready to start school in July, so I'm thinking about starting school in January. My F1 visa from the undergradute school ends June 28th 2009. Q2: Do I have the 60 days grace period to stay here in US and return to my country and wait for the new I-20? Q3: Or do I qualify for 5 months waiting period due to transfer? I was thinking of returning home by the end of June and apply for a B2 visa to continue with my medical treatment here until everything is settled with the new school, then just go ahead and change it back to F1. Q4: If I were to do the above, would I have to leave the country after the 6 months are up and change my status to F1, or can I do that here in the US? Another thing going on as well, I'm engaged to a US resident who is applying for US citizenship. We haven't been able to set a wedding date, because we're afraid of that affecting my status. Q5: Will I be able to continue with my studies if we are to get married? If yes, under what status? F1? or other? I know everything is so complicated. If you can help me find a solution with the information provided above, I'll be forever indebted to you. Thank you again in advance for your time.

  • Answer:

    Your old F-1 visa became invalid as soon as you graduated or terminated studies, so it has been invalid since 2007. You needed an OPT visa for that program, and needed to return to your country as soon as you completed the program (if you got the OPT visa). You could not attend grad school on the old, invalid visa. Such visas do not transfer from one school to another or one degree to another. You have to return to your own country. Since you overstayed your visa so long, you are barred from reentry. The school was right to make you withdraw since you were out of status. Student (and other) visas can only be issued outside the US at a US consulate. Only US citizens can sponsor immigrants. Your bf cannot get you a visa or permission to remain in the US. You would not be able to return to school until you had your green card if you married. You have really fouled things up here, and you need to get out of the US before you are arrested, detained (jailed), deported and barred from reentry. Hurry up and catch a plane home. The school must legally report you for attending on an invalid visa.

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There are number of US Immigration Attorneys who are providing free personal consultation. Its better to consult an attorney. They will give you best solutions for all your questions... Here i am providing the an attorneys website who is providing free initial personal consultaiton http://www.immigrationquestion.com/component/option,com_chronocontact/Itemid,99/chronoformname,Contact_US/

Gehi & Associates

I would like to help you a lot, but not here. Email me or IM, plz. i dont use my yahoo so contact me at [email protected] i have a question for you, do u have a driver's license?

Bill

Your big mistake was in not getting a new F-1 for your masters program. Your old F-1 was only good until you either graduated the undergrad school (+OPT time) or the date indicated. Your grad school should have gotten you a new F-1 to study there. My daughter never left the USA to get her additional F-1. Now, this is such a mess you may need an immigration lawyer to straighten it all out.

Chuckles

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