F1 Overstay OPT

[Cavani 1]

Hi,

I completed my degree in Computer Science one year ago, then I was approved for OPT. I did volunteering as it was allowed by OPT but I had to stop it due to personal reasons. Therefore I did not complete my OPT, my EAD card expires in August. Do I risk to be deported?

[canadian_wife 1,791]

Are you planning on leaving the United States?

 

good luck 

[Cavani 1]

I would like to stay but I’m not sure if I will be allowed to do so without being deported.

I don’t know if this detail helps but my sister is a US citizen. 

[Crazy Cat 39,414]

49 minutes ago, Cavani said:

I don’t know if this detail helps but my sister is a US citizen.

It is irrelevant to your case.  A sibling is not an immediate relative. 

[SusieQQQ 11,584]

9 hours ago, Cavani said:

I would like to stay but I’m not sure if I will be allowed to do so without being deported.

I don’t know if this detail helps but my sister is a US citizen. 

On what basis do you think you can stay?

 

 A sibling petition takes over 15 years to get a visa at the moment. You can return home and wait for the visa number to become current, but you can’t wait that out in the US.

[Boiler 43,630]

What was your plan to stay?

[Rocio0010 5,571]

22 hours ago, Cavani said:

but I had to stop it

I don’t get it. If volunteering was optional, how is that related to not continuing OPT? Am I missing something?

My understanding is that an EAD without an OPT when you’re under F1 does not confer any immigration status. Therefore, you might already be out of status. Have you checked with your DOS?

[retheem 553]

23 hours ago, Cavani said:

Hi,

I completed my degree in Computer Science one year ago, then I was approved for OPT. I did volunteering as it was allowed by OPT but I had to stop it due to personal reasons. Therefore I did not complete my OPT, my EAD card expires in August. Do I risk to be deported?

Does the US deport anybody these days? Let's start from there

[African Zealot 1,453]

52 minutes ago, retheem said:

Does the US deport anybody these days?

Yes it does. Unless you’re being precise in which case the correct legal name is removal. 
 

23 hours ago, Cavani said:

Do I risk to be deported?

Every non citizen of the USA is removable for a variety of reasons. Do you face a higher risk of removal in your current situation? Yes because you are not fulfilling the conditions of OPT. OPT is not meant for lounging around the USA due to personal reasons.

 

Best advise is leave for your home country ASAP or you face consequences that would be very damaging for your immigration future in this country.

Edited July 15, 2022 by African Zealot

[carmel34 3,532]

23 hours ago, Cavani said:

Therefore I did not complete my OPT, my EAD card expires in August.

When did you stop working?  Did you report this to your DSO?  Any change in OPT employment, including quitting your volunteer job, should be reported to your DSO within ten days of the change.  You only have a maximum number of 90 days of unemployment on OPT.  I strongly recommend that you leave the US as soon as possible.  You don't want an overstay on your record, and you may already have one.  Don't jeopardize future visas to enter the US by staying longer than authorized.  Check with your school DSO, and SEVIS to confirm your current status and when you have to leave the US.  If you did a STEM degree, you can apply for an OPT extension, again, you need to check with your DSO as soon as possible.  

[arken 4,197]

On 7/14/2022 at 1:47 PM, Cavani said:

but I had to stop it due to personal reason

Your EAD expiry doesn't matter. You are considered not in a legal status 90 days from the day you stopped working/volunteering if you hadn't accrued unemployed days before volunteering.

 

Will someone come to find you and deport? NO

Can you be deported if you have a run in with law enforcement? Yes

[SusieQQQ 11,584]

6 hours ago, arken said:

Your EAD expiry doesn't matter. You are considered not in a legal status 90 days from the day you stopped working/volunteering if you hadn't accrued unemployed days before volunteering.

 

Will someone come to find you and deport? NO

Can you be deported if you have a run in with law enforcement? Yes

And:

Can you legally adjust status other than by marrying a US citizen? No.

[Cavani 1]

On 7/15/2022 at 7:08 PM, arken said:

Your EAD expiry doesn't matter. You are considered not in a legal status 90 days from the day you stopped working/volunteering if you hadn't accrued unemployed days before volunteering.

 

Will someone come to find you and deport? NO

Can you be deported if you have a run in with law enforcement? Yes

I am planning to leave the country

[Ontarkie 13,934]

~~Spammer removed~~