Need advice on Student Visa, I130 Petition, and TN Visa

[Boiler 43,764]

1 hour ago, ninjaspinji said:

3 Months in the next 6 is crazy, and knowing them it'll be slower. I'm not counting on the I130 at all at this point. I'm planning on doing computer science and getting a job in that field (for context in getting a TN visa in case the student doesn't work out). Should I expect this level of scrutiny after graduating from college in Mexico, due to it being a nonimmigrant visa? Or is this more of an issue because it's a student visa?

It is your history

[ninjaspinji 1]

Thank you for all the help. Talked to another lawyer and he advised against the student visa because of the possibility of denial and possible consequences down the road. My plan now is to withdraw the I-130, study in Mexico, and then get an employer to sponsor me for a TN Visa. I'll do what I can while in Mexico to lay some roots, and college enrollment should make it easier to use (and renew) my tourist visa. Thank you all again for the messages and the help!

[ninjaspinji 1]

Oh and I did talk about waiting for the I130, but it's too risky for me, and wouldn't wanna place rely on USCIS processing times. 

[Boiler 43,764]

8 hours ago, ninjaspinji said:

Thank you for all the help. Talked to another lawyer and he advised against the student visa because of the possibility of denial and possible consequences down the road. My plan now is to withdraw the I-130, study in Mexico, and then get an employer to sponsor me for a TN Visa. I'll do what I can while in Mexico to lay some roots, and college enrollment should make it easier to use (and renew) my tourist visa. Thank you all again for the messages and the help!

It is a long wait for a tourist visa appointment and a low probability of success.

[ninjaspinji 1]

On 4/10/2024 at 4:41 AM, Boiler said:

It is a long wait for a tourist visa appointment and a low probability of success.

What do I do then 😭😭

I’d think that at least withdrawing the I130 and being enrolled for college in Mexico would help. And my current tourist visa is valid until 2026. Hopefully I wouldn’t have to wait the 836 days for the interview. 

[OldUser 5,107]

41 minutes ago, ninjaspinji said:

What do I do then 😭😭

I’d think that at least withdrawing the I130 and being enrolled for college in Mexico would help. And my current tourist visa is valid until 2026. Hopefully I wouldn’t have to wait the 836 days for the interview. 

 

 

[ninjaspinji 1]

3 minutes ago, OldUser said:

Pulling the i130 still helps as they won’t be able to make the argument that I’ll use it to adjust status while inside the usa. And maybe college + my dad and grandparents in mexico is enough of ties for them to allow me entry on a tourist visa.

 

 

[appleblossom 1,467]

1 hour ago, ninjaspinji said:

 

Pulling the i130 still helps as they won’t be able to make the argument that I’ll use it to adjust status while inside the usa

 

You couldn't do that anyway. Personally I wouldn't cancel the I-130 unless you know for sure you can get a job offer/employer/TN visa. 

[OldUser 5,107]

53 minutes ago, appleblossom said:

 

You couldn't do that anyway. Personally I wouldn't cancel the I-130 unless you know for sure you can get a job offer/employer/TN visa. 

Exactly, I-130 is a bell that cannot be unrung plus @ninjaspinji could not adjust anyways?

[Boiler 43,764]

He has decades before his PD would be current.

 

It is everything else he has that makes a NIV a bit of an ask.

 

Maybe once he gets settled.

[ninjaspinji 1]

Well the plan is college + grandparents and dad + having house in my name, for using my tourist visa / renewal. And then everything except college as ties when trying to get sponsored for TN Visa. I’m doing Computer Science at top ranked uni so getting a job to sponsor me seems realistic.

Not planning on coming back using tourist visa until next summer. (More realistic than the month or so if I applied for student visa)

 

And then use the argument that me I130 would never become current so they can’t use it against me when crossing.

 

My concern atm is what to say the purpose of my visit is when talking to CBP. My plan is to just be honest.

[ninjaspinji 1]

Also I know I'm accruing unlawful presence right now (not ideal). Is there any legal difference if I leave like in May (120 days) vs July (160 days)? As long as they're both <180? I still need to finish things up for school and would really need to stay until July 15th ish. Which would still be <180 days. Also, I'm assuming USCIS is smart and knows when I fell out of status, bc as far as I know my I94 still just says valid until July 30. 

[Boiler 43,764]

If you are caught and deported well that is a different world of hurt.

 

And if you are a CO and see someone who accidentally stayed a couple of days versus someone who left just before a ban kicked in what would you think?

[ninjaspinji 1]

I see what you mean, more of a how it'll look to CBP. 

 

Also I'm still very confused as to how aging out works and CSPA age. I know USCIS lies about processing times but for the sake of argument.

 

USCIS says it'll take 5 more weeks to approve my I-130, which means it'd take about 3 months. This means my pending time is 3 months?

So when calculating my CSPA age I'd at most be able to be 21 and 2 months so that I don't age out. Or am I misinterpreting the CSPA age calculation? 

[appleblossom 1,467]

57 minutes ago, ninjaspinji said:

I see what you mean, more of a how it'll look to CBP. 

 

Also I'm still very confused as to how aging out works and CSPA age. I know USCIS lies about processing times but for the sake of argument.

 

USCIS says it'll take 5 more weeks to approve my I-130, which means it'd take about 3 months. This means my pending time is 3 months?

So when calculating my CSPA age I'd at most be able to be 21 and 2 months so that I don't age out. Or am I misinterpreting the CSPA age calculation? 

 

It's an automated system that for some reason is always wildly over optimistic. Far better to use the processing times tool on the website instead which seems much more accurate. But you want your I-130 to take as long as possible if you are relying on CPSA.

 

Not sure what your PD is or how old you are now, but essentially you can subtract the length of time your I-130 took to be approved to give you your CPSA age. 

Edited April 25 by appleblossom