The new immigration legislation bars from RPI status applicants who have been “lawfully present” in nonimmigrant status on April 16, 2013. Out of status F-1 students do not become unlawfully present
unless a decision by an immigration judge or USCIS.In other words out of status f-1students will not qualify for the RPI status. Let's assume a student files for reinstatement in 2001 (by the time the student has 1 academical warning, one incomplete semester plus one unattended school semester) & gets a case number from the USCIS w/ a 1 year processing time.However, after one complete semester, the student drops the school the semester after and moves to another city without getting an answer yet in the mail.A denial would mean start of an unlawful presence therefore eligibility for RPI ?
is it a certain bet that a denial letter was sent given the circumstances by the time i-539 was filed that i mentioned and if the answer is no; does filing for FOIA involve any risk of triggering deportation procedures or negative consequences ?
Interesting theory ... it might work.
Have a US Citizen friend/family member file a FOIA .... get a lawyer to help fill in the form the right way.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
There is no new law for us to analyze. Re-post your question after you see that the President has signed the bill and created a law.
Look. Who cares about the new legislation proposal? If you do, you are wasting your time. That proposal, when and IF, which is a huge IF, it becomes a law, will be nothing like a proposal you have now being discussed in the Senate. I am not talking about a "bridge to nowhere" you might and are likely to find in any legislation that comes out of the Congress. I am not talking unrelated issues attached to the immigration reform, which will inevitably be there. I am talking about a completely different set of rules, which the House Bill will have an the bunch of the provisions from the Senate Bill lost in the conference process as a compromise. You will have plenty of time learning what the law is when it is finally the law. I say, there will be no immigration reform. It will die in the process of being enacted. I remember attending AILA chapter conference in Boston in 2009. They had a panel on immigration reform and very specific points on a number of potential reform provisions. Most of those, are not even in the current proposal. We are now in 2013. 4 years later we are still in the dark as to whether anything immigration related has a reasonable chance of being enacted. So, stop dwelling on this.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
I agree with Counsel Segal and share his realistic assessment of the stagnant state of affairs with the passage of any sensible immigration reform by the government. Experience and acute observation taught me to look at issues with a broader perspective noting details that make a difference.
The way the bill passage is inching forward, it gets encumbered by additional requirements and considerations that weigh down and meet further opposition by isolated power groups with specific disassociated agenda that further tear the Bill's fabric in procedural tatters.
To put is simply, it is easy to derail any bill of such significance given political leanings by so many lobbying groups with ability to quagmire its passage.
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