Dear sir and ma'am,
I came here to U.S. to pursue my Bachelor degree, but under some circumstances I went out of status. Currently I my GPA is below 2.0 plus my condition of out of status, I have a serious trouble finding another school to accept me.
Also, I have a girlfriend who we agreed to marry AFTER I graduate my degree. Furthermore, She is only 21 and her incomes is still below 125% of poverty. With that due, she cannot apply me a permanent resident card.
Note: I can, but prefer not to, return to my home country until I graduate my degree. Back in my home country, I have some issues with the military enlistment. My name is not in the list which mean they don't know I exist. On the other hand, If I return they will know and I have to enlist for two years. With this degree, it would reduce enlistment time to 6 - 12 months. What should I do now? ps. If I decide to stay in U.S. with out of status will I get deport as rumored?
You would need to be accepted somewhere - relatively quickly - and be eligible for reinstatement (you need to speak with the school DSO about this).
When you fall out of status under the SEVIS system, the system does notify ICE - so you DO come to the attention of the agency that handles removal from this country, and you want to deal with this situation quickly.
I agree with my colleague with regard to your girlfriend sponsoring you - there is a work-around for the financial issue, but she would need to be willing to marry and another citizen/permanent resident with sufficient income would need to be willing to joint sponsor.
You would need to seek reinstatement.
If your girlfriend is a US citizen, she can petition you. The fact that her income is low simply means she would need a co-sponsor for purposes of the Affidavit of support.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
If you are out of status, you might be deportable. If you marry your girlfriend and she is a U.S. citizen, you may be able to regularize your status through her. If she cannot indepedently sponsor you on the affidavit of support, you can find a joint sponsor that can assist in the case. That person needs to be a lawful permanent resident or citizen of the U.S. and must independently have income at 125% of the poverty guidelines or sufficient assets to qualify.