Legal Question in Immigration Law in California

Have I violated my (legal) F-1 status?

I came in 1998 on J1 visa. In 1999,I entered comm.college and got F1 status. In Dec.2000, I applied for EAD (Econom.Hardship) and was granted in March'01 (for''4/01-3/02''). In April 2001, I finished college. I worked 4 months (May-Aug'01). Then I applied to business college, and new I-20 was endorsed Sept.2001.

My new ISA says it WASN'T legal what I did in 2001. She says that the ISA of the ex-college had to tell me that I canNOT work on my EAD after I graduate comm.college because it�s not OPT and is valid only when a student studies full-time at that college. EAD ceased its validation after my graduation from comm.college.

I was admitted to the new college because ''Apparently when we requested for your transcripts, your ex-college told us you were a student in good status, and that's your record on SEVIS database since then.'' She said if the SEVIS existed in 2001, such situation would have triggerred it. But now I was lucky to slip through. How can I be sure that such a thing is not on the USCIS system and that I will not be denied a re-entry to the U.S. when I travel on my advance parole? Does CIS check before granting Adv.Parole?

My F status will be terminated on SEVIS since we've 485 pending, and have EAD+Parole granted.


Asked on 3/09/04, 8:22 pm

1 Answer from Attorneys

Antonio Maldonado Maldonado Myers LLP

Re: Have I violated my (legal) F-1 status?

Make a request through FOIA to see you USCIS file.

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Answered on 3/09/04, 8:56 pm


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