Jump to content
Sign in to follow this  
Maxximus1074

Legal Status of expired/out of status F-1? Where can I find definition

7 posts in this topic

Recommended Posts

I was so happy to receive my green card the other day, in part as I would want to continue, go back to school, yet last fall semester was told to pay out-of-state tuition since have no green card or citizenship certificate.

Yesterday when I received the card I called the admissions and records office of the community college district and was told to bring the card as well as proof of residency for at least one year prior to the start of semester I plan to enroll again.

I went to that office today and low and behold, the person at the counter (and was the only one availble to talk to...grrrr) turned me away and said that I would have to proof legal residency in California, green card alone is too current to be used as evidence of legal presence *ARGH*

I mentioned to her that I have a California Driver's License since 2007 which to my knowledge is issued only after they perform a background check with your SSN to see if you are legal, showed that I was legally married already in 2004 (but for several reasons no AOS filed then) but all that still wouldn't convince her to change my file to California resident.

I know that an expired F-1 student visa is considered out of status when filing for AOS, but it doesn't mean that one is illegally in the US!!?

Does anyone have any sources regarding the USCIS laws and regulations for me to provide as official documentation of my previous status?

Maybe it's just not meant to be for me to go back to school...sigh.... what are your thoughts on all this?

If anything, this posting is a rant to get rid of my frustration I have this morning.

Maxximus :angry:


10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

Share this post


Link to post
Share on other sites

Not an AOS issue - moving to Moving to USA forum.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

Would showing proof of your tax returns for the last two years with your CA address work?

EDIT:here is a link from UCSB, maybe that will help?

Edited by missaero

12/01/2010: Married!
12/14/2010: Mailed AOS Packed to Lockbox
12/23/2010: USCIS Receipt notice for I-485/I-130/I-765/I-131
01/05/2011: Successful biometrics walkin at Charleston WV office!
03/04/2011: EAD and AP combo card in hand.
04/21/2011: AOS Interview at Norfolk local office. APPROVED & Card production ordered!
04/25/2011: Welcome to the US letter received in mail.
05/02/2011: Green Card arrives in mail!

----------------------------------------------------------------------------------------------------------------------

01/29/2013: NOA received for I-751 form submission (joint)

02/22/2013: Walk in biometric (appt. for 03-05-13)

06/25/2013: I-751 approved!

06/29/2013: 10yr Green Card received in the mail!

----------------------------------------------------------------------------------------------------------------------

08/18/2015: Mailed N-400 application

08/28/2015: NOA for N-400

09/14/2015: Biometrics appointment for N-400

02/02/2016: Interview for N-400. APPROVED!

02/18/2016: Oath ceremony!

Share this post


Link to post
Share on other sites

I was so happy to receive my green card the other day, in part as I would want to continue, go back to school, yet last fall semester was told to pay out-of-state tuition since have no green card or citizenship certificate.

Yesterday when I received the card I called the admissions and records office of the community college district and was told to bring the card as well as proof of residency for at least one year prior to the start of semester I plan to enroll again.

I went to that office today and low and behold, the person at the counter (and was the only one availble to talk to...grrrr) turned me away and said that I would have to proof legal residency in California, green card alone is too current to be used as evidence of legal presence *ARGH*

I mentioned to her that I have a California Driver's License since 2007 which to my knowledge is issued only after they perform a background check with your SSN to see if you are legal, showed that I was legally married already in 2004 (but for several reasons no AOS filed then) but all that still wouldn't convince her to change my file to California resident.

I know that an expired F-1 student visa is considered out of status when filing for AOS, but it doesn't mean that one is illegally in the US!!?

Does anyone have any sources regarding the USCIS laws and regulations for me to provide as official documentation of my previous status?

Maybe it's just not meant to be for me to go back to school...sigh.... what are your thoughts on all this?

If anything, this posting is a rant to get rid of my frustration I have this morning.

Maxximus :angry:

Talk to a more senior member of the financial aid office at your school - if you've been living in the state since 04 I'm pretty sure that constitutes residency. Give your spouse's proof of state residency too. Don't back down.

Share this post


Link to post
Share on other sites

Hey you two, thank you for your responses - will read the detailed link you sent me from UCSB and hope this can help me.....

As far as the time being in Cali goes...sigh...as mentioned in original posting, I have proof for being in Cali for over 10 years now, had utilities in my name but the "funny" clerk at the admissions and records today said that one can be a LPR or even citizen for years but only have lived in Cali for the past 6 months, they still would not qualify for in-state tuition!!?? tskstktksks..... anything in writing I will find I will print and go back, if the same person there, will ask for supervisor :)

Thanks for your help guys!!

Maxximus


10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

Share this post


Link to post
Share on other sites

I studied for years in California with an expired B2.

For (California) tuition purposes, you need to show that you have been a resident of California for the past year. Don't mix that up with lawful presence though. In fact, the California supreme court has just ruled that for tuition purposes even illegal aliens qualify, much to the protest of US citizens from Arizona who have to pay out of state tuition, whereas illegal aliens from California do not.

What the college admission people usually want to see is a few utility bills, something that shows that you reside in the State of California for at least a year.

If you encounter an uncooperative college employee, talk to the person one step up or, best, to the Dean of Admissions. Naturally, don't come over as a Drunz (German word), but somebody who knows what he's talking about.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites

I studied for years in California with an expired B2.

For (California) tuition purposes, you need to show that you have been a resident of California for the past year. Don't mix that up with lawful presence though. In fact, the California supreme court has just ruled that for tuition purposes even illegal aliens qualify, much to the protest of US citizens from Arizona who have to pay out of state tuition, whereas illegal aliens from California do not.

What the college admission people usually want to see is a few utility bills, something that shows that you reside in the State of California for at least a year.

If you encounter an uncooperative college employee, talk to the person one step up or, best, to the Dean of Admissions. Naturally, don't come over as a Drunz (German word), but somebody who knows what he's talking about.

Hi Bob,

thanks for your encouragement lines here - I will see if I can find something about the supreme court ruling, print it out and bring it to that office and to someone higher up attention - the only employee I saw today scroffed me off despite having a 2 year old utility bill, my DL that was issued in 2007 as well as even my first marriage certificate from 2004. Insisted on something that shows my legal presence in the last year as the green card presented is dated just 2 weeks ago. Will get my facts and figures together and try again

Maxximus

p.s. what German dialect are you referring to? ;) - though born and raised in Schwaben I never encountered that word


10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...