QUESTION
Can I be locked up if I have an f1 visa and stopped going to school?
Asked on Sep 15th, 2011 on Immigration - Texas
More details to this question:
I am a f1 visa holder, but I stopped school a few months ago and I got married. I'm scared to be locked up if I go to the immigration office for the interview.
6 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
If you are eligible to adjust you should not be locked up if you file the paperwork before they find out. I would suggest filing as soon as possible.
Answered on Sep 21st, 2011 at 1:16 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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You will not be locked up if you are not a criminal. If you are not a student visa violator, you should have your adjustment without complications. But if you are to be found as a student visa violator, there is no waive for that. Let me know if you need our assistance.
Answered on Sep 19th, 2011 at 4:23 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Immigration can detain you while your case is pending however if you are applying for a green card and eligible for it, I don't think it is normal practice for them to hold you at the green card interview stage. It is also very rare, at least in my jurisdiction, for DHS to detain a student violator after filing an affirmative petition.
Answered on Sep 19th, 2011 at 3:41 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Assuming you are married to a U.S. citizen you are an immediate relative and the failure to maintain status will not be a reason to deny your permanent residency. Were you ever picked up by ICE? This answer is being given out of context though without knowing your whole case which is important to properly advise you.
Answered on Sep 19th, 2011 at 2:30 PM
Someone who entered lawfully and with inspection - for example on an F-1 student visa - and who then falls out of status, nonetheless may adjust status in the U.S. through marriage to a U.S. Citizen. Upon filing the application, his "status" becomes "Applicant for Permanent Residence" and he is deemed to be lawfully in the U.S. while his application remains pending and not subject to arrest/removal/deportation One exception: where the F-1 visa holder never attended the school and the USCIS deems him to have used the F-1 visa fraudulently.
Answered on Sep 19th, 2011 at 9:18 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If your case is bona fide, and you have no other immigration or criminal violations, you should be approved for PR. If you are concerned, hire a lawyer to go with you to the interview.
Answered on Sep 19th, 2011 at 6:18 AM