Immigration Issues/couple o' questions.

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Question
Hi,

IM a foreign student who's 1-20 was just recently cancelled for early withdrawal from a us college. I am currently still in the US. I have applied for a green card through my mother who is a resident,and through my sister who is a citizen. Now that you know my situation ,here are my questions. 1. Is my application through my mother valid or does she need to be a citizen? 2. I want o apply for the annual visa lottery but I am afraid if my status is illegal and I win it will be rejected. Can I still apply and what will be needed if I win and am illegal? 3. Although I am planning on leaving the country in a few weeks..Im wondering how do they know if Im out of the country or not?
Thanks in advance for any help you can provide.

Answer
Hi,

You are currently out of status since a petition filed by your mother or your sister is by itself not enough for you to remain legally in the U.S. In order to remain legally in the U.S., you need to change to another nonimmigrant visa status such as visitor (but your change of status application to visitor will not be approved since you now have an intention to immigrate to the U.S. since your mother and sister have filed immigrant petitions for you).

Your mother's petition has been filed under either the family second family preference category and your sister has filed for you under the fourth family preference category. In either case, there is a wait for several years (and longer for your sister's petition) before a visa number becomes available allowing you to adjust status in the U.S. The following website is helpful: http://www.h1b1.com/sponsor.htm

A visa lottery application does not allow you to remain legally in the U.S., and indeed if you continue to remain for 6 months or more beyond the date that you started violating student status, you would be unable to obtain a green card in the future (3 year and 10 years bars to entry to the U.S. would apply).

The SEVIS system for students means that your college has informed the USCIS that you are no longer a student.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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