secondCity SecondCity
Jun 18, 2021
f1
hi everybody
Long story short,please help.
Me and my wife came to US on b1 visa.
After that we switched to f1/f2,after 2 years and finished school program we stayed in country.
So we are here since 2015 without keeping status.
Whole time we were thinking that we ower stayed f1/f2 visa but someone told us that that visa is d/s and we are still legally in country and could apply for green card trough sponsorship program.
We did check it with two attorneys,one said that that's correct and he is doing a lot of cases like that,but other very good att said that that's not an option because D/s is banned during Donald's administration.
Is there anyone with similar situation,please let us know.
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Kay MahJun 18, 2021
Duration of status (d/s) means you’re allowed to be in the U.S as long as you’re maintaining your f1 status. Meaning if you were enrolled in college full time or working using opt. I’m not sure what these lawyers mean, it’s a bit confusing but from what I know it would appear you have not been in status for a while. Maybe someone else will have better insight. All the best!
coach’s kayadabsJun 18, 2021
You have been out of status and overstayed. The way out of this scenario is marriage to a US citizen or/and legal person in the US
S BJun 18, 2021
D/s is valid as long as you are active in the sevis system. If you completed studies, the school will then terminate your sevis and your i-20 will be void. If you’d like to confirm this, call your school DSO and ask. Marriage/Asylum/TPO/U Visa are a few ways to change this.
secondCity SecondCityJun 18, 2021
one of attorneys said that if I didn't receive any letter of deportation that d/s has no expiration date and there is a way to get gc with sponsor (company,family member etc.).
Also said that only few lawyers know the way how this work.
S BJun 18, 2021
Maybe he knows something we don’t as we are not attorneys - but even if you do an employment visa, you might get your perm, i140 approved but once it gets to the i485 for the green card/ eb2/eb3 you will have to link your previous status - and it’ll be checked many times over during this process. You need to call another attorney as sometimes people overpromise things. Sorry but it’s the reality.
Kay MahJun 18, 2021
I agree with JP we are not attorneys and some attorneys also provide wrong info at times so just be careful. It does indeed get tricky when filing the i485 form as only a select few are allowed to adjust status after unlawful presence. I’ve been in f1 status for 10 years and I’ve never heard of this process but I’m rooting for you. Hopefully everything will work out for the best. Good luck!
S BJun 18, 2021
Yes ker and, you are right. In the end the F1 D/S is kept if the status is kept by the school through the sevis system. If it wasn’t like that, people would just stop studying.
Charol PereiraJun 21, 2021
I think your attorney is confused because it doesn’t make any sense to continue paying the school or attending to an expensive university or college if you could live in the country legally without attending classes. DS means duration of status it is just for people who change the status in USA for those who came to USA with an approved F1 visa they have an specific time for example 5 years.
Charol PereiraJun 21, 2021
I have F1 visa married to USC and there are 2 opinions. 1- you can leave the status because you are married to USC. 2- you have to keep the status until you receive a GC approved. I keep the second one because when you fill the form to adjust your status I-485 they as you if you overstated in the country.
