Legal Question in Immigration Law in Colorado

status

I am currently out of status. I am married and my paper works for coming back in status is in process. it is taking too long and i am not gettin along with my husband. i wanted to get a divorce with him. i am also about to attend a college, which does not need any of my legal paper works,in other words, i can still start college even though i am not in status. if i decided to get a divorce with my husband, and still attend college,would i be out of status of is there any way i can be in status? i would highly appreciate your positive reply. please! thank u


Asked on 1/30/07, 12:16 pm

2 Answers from Attorneys
Elizabeth waiguchu Elizabeth Waiguchu, Patent Attorney & Attorney at law

Re: status

Since you are out of status, enrolling in a college is not going to put you in status unless somehow you get a student visa which will most probably require you to leave the US to obtain it. Once you leave the US, it might be difficult to return because of your out of status situation.

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Answered on 2/02/07, 9:22 am
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: status

If you are out of status, you cannot change status to another nonimmigrant visa such as student, without leaving the US and applying at a US Consulate.

Applying for permanent residency based upon marraige to a US citizen does not keep you in status, it may only prevent you from accruing unlawful presence while the application is pending. Unlawful presence of more than 6 months can prevent you from reentering the US for a period of time.

Without knowing more, I cannot recommend a course of action.

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Answered on 1/30/07, 1:19 pm


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