Legal Question in Immigration Law in California

Was I a legal student and what to do with I-94?

Hello,

I intend to travel to Canada (not Canadian though) soon with advance parole. However, I don't know what to do with my I-94. I had J visa when I entered US. When I was approved for F status, I got a new I-94. The local USCIS office told me to give away the most recent I-94 when I travel. I read in this forum someone saying that I have to give both I-94s. But when I called national USCIS service, I was told to send my I-94s to Texas SC (I-485 is filed there) because I don't need them anymore. What should I do now? If I give my I94 away the wrong way (3 different answers), would it serve as basis to deny my re-entry with adv.parole? Why would I need to send my I-94s to Texas SC?

I also wish to verify with you that I maintained a legal student status. When I graduated from comm.college in April'01, I had an EAD based on Economical Hardship. I used it for 4 months and Sept.26 I entered another college which endorsed a new I-20 Student copy. Was I legal between April and Sept. when I changed colleges? I think I was thanks to EAD.

Thanks for your response in advance.


Asked on 2/26/04, 4:44 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Was I a legal student and what to do with I-94?

Since you apprently already filed for adjustment of status and have advanced parole, the I-94s are really not that important anymore. I would keep them in your passport and show them to the inspector when you come back from Canada along with the advanced parole. When you come back, send the I-94s to the Texas Service Center.

Students have a 60-day grace period after the EAD ends to leave the U.S. If the EAD was good for 1 year, then it appears you did not go out of status, since you were accepted into another college on a new I-20 in Sept. 2001.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an attorney-client relationship has been expressly established with appropriate payment of valuable consideration.

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Answered on 2/27/04, 12:48 am


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