I-20 & I-130 pending

[Jammin]

What is the name of your state?GA

Hi AttyLana:

I need your help with this issue. I am out of status, but in eligible for reinstatment, as I am still in my 5 month period of being out of status....

Now I applied to go to this college who told me I needed to leave the US and reenter on their new I-20, which I am planning on doing - EXCEPT - there is a problem....

This college refuses to issue me an I-20 on the basis that I am NOT eligible because I filed the I-130. They say however I can still attend their college, (which is a public 2-year college) but my status would be of 'awaiting Permanent Residency - of which my I-130 is not yet approved, so as far as I know that is no 'real immigration status' - maybe just a status for their college. Now, if I did that - what would happen when my I-130 is approved, would I be considered legal and 'in-status' FOR USINS purposes ? Would they allow me to adjust my status if my priority date and all that is current? My bottom line question though is can they refuse to issue me an I-20 on the basis of me filing the I-130?

 

[ImmigAttyLana]

On what basis is the I-130 filed? Which of your relatives filed it on your behalf and what is the immigration status of that relative?

 

[Jammin]

to Lana

My I130 was filed by my PR spouse in Dec 2002

 

[ImmigAttyLana]

Yes, they can refuse to issue you a I-20 because of the pending I-130, since in order to be in F-1 status you cannot have immigrant intent and the filing of the I-130 by your PR spouse clearly demonstrates immigrant intent.

 

[Jammin]

Hello Lana

Can I still go to the college - without receiving an I -20 and be considered 'in-status' ?

Also how will this affect my pending 1130 if I do this ?

 

[ImmigAttyLana]

no, without the i-20, you are not in status and although you may go to college, you are not in the country lawfully. moreover, you will not be able to obtain any work authorization even if you finish college and are offered a good job because you have been in the us unlawfully and that will prevent you from changing status. the only time you will be able to obtain employment authorization and hope to be able to adjust to permanent residence is once your wife's citizenship is granted and you file the adjustment of status application on the basis of the then approved I-130. since that will likely be in several more years, you are looking at staying in this country unlawfully throughout all that time.

 

[Jammin]

To Lana

Thanks Lana:

I do appreciate your help in answering my many questions.

But if I decide to still go to that college - can they refuse to grant me acceptance on the basis that I am illegal/undocumented ?

 

[I AM ALWAYS LIABLE]

Funny . . . You don't look like a criminal, but you are!

Illegal Immigration is a Crime

Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or

Eludes examination or inspection by immigration officers; or

Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

Each year the Border Patrol is making more than a million apprehensions of people who flagrantly violate our nation's laws by unlawfully crossing U.S. borders to work and to receive publicly-funded services, often with the aid of fraudulent documents. Such entry is a misdemeanor and, if repeated, becomes punishable as a felony. Over eight million illegal immigrants live in the United States -- some estimate even more.

In addition to sneaking into the country in violation of the immigration law that requires that aliens be documented for legal entry (referred to as "entry without inspection -- EWI"), others enter with legal documentation and then violate the terms on which they have been admitted by taking jobs that are not authorized or overstaying the authorized period of stay in the country. The INS estimated in 1996 that about 60 percent of the then estimated five million illegal immigrants were EWI and 40 percent were overstayers. Both types of illegal immigrants are deportable under Immigration and Nationality Act Section 237 (a)(1)(B) which says:
"Any alien who is present in the United States in violation of this Act or any other law of the United States is deportable."

ILLEGAL IMMIGRATION IS NOT A VICTIMLESS CRIME
Apologists for illegal immigration like to paint it as a victimless crime. But in fact, illegal immigration causes substantial harm to American citizens and legal immigrants, particularly those in the most vulnerable sectors of our population--the poor, minorities, and children.

Illegal immigration causes an enormous drain on public funds. The seminal study of the costs of immigration by the National Academy of Sciences found that the taxes paid by immigrants do not cover the cost of services received by them. We cannot provide high quality education, health care, and retirement security for our own people if we continue to bring in endless numbers of poor, unskilled immigrants.

Additionally, job competition by waves of illegal immigrants willing to work at substandard wages and working conditions depresses the wages of American workers, hitting hardest at minority workers and those without high school degrees.

Illegal immigration also contributes to the dramatic population growth overwhelming communities across America--crowding school classrooms, consuming already limited affordable housing, and straining precious natural resources like water, energy, and forestland.

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

 

[aol]

To Jammin

My wife is a student too, who is not in school. Well if you look at it, some colleges are accepting illegal aliens, so I can't see why they would refuse you too. Some even offer in-state tuition, and you are the spouse of LPR, so I am hoping they would be more helpful. Good luck