QUESTION

Out of status F-1 visa

Asked on Jan 02nd, 2014 on Immigration - Texas
More details to this question:
Good evening, I'm an international student who has been out of status for 1 year. It happened when my sponsor's ( my dad) business had gone down and he had stroke. I dont have sufficient fund to attend college and my dad is selling his own house so his could pay for his debt and my tuition too. I've been in the US for 6 years and going back home to apply for a new visa is not my option.School's counselor has been informed my situation and I haven't got letter of deportation from USCIS yet but I want to know if there is a waiver that I could ask for while waiting for money from my family? My driver license is going to expire. Shall I be asked to provide I-20 and other docs when renewing it? I have to delay my wedding with my fiancee because of my bad situation but I've been always asking if my out-of-status visa has anything to do with my marriage? My fiancee is an U.S. citizen.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If your relationship with your fiancée is bona fide, you should get married and have her petition for your residence status. I note that if your relationship is not bona fide, you and she could both face five years in federal prison and/or $250,000 in fines apiece for marriage fraud. As you have already been out of status for one year, you are not eligible for reinstatement to F-1 student status. You will generally not find a sympathetic ear to your situation as you could have requested part-time employment authorization from U.S.C.I.S. based on your family circumstances.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jan 24th, 2014 at 8:26 PM

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