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  1. #1
    Join Date
    Mar 2006
    Location
    San Francisco
    Posts
    1

    Default Change of status but now in removal proceeding

    Hi,

    I was on H1-B visa in April 2005, but laid off in late June 2005. The company lawyer applied the B-2 visa for me in July. The B-2 visa was granted, valid from October 2005 to January 2006. In October 2005, I applied for a F-1 visa (filed timely), but it was denied for "failure to maintain nonimmigrant status" in late February 2006. In mid March 2006, I was arrested by I.C.E.. Now I will have a Master Calendar hearing in April.

    My question are:

    Is it legally correct for the I.C.E. to arrest me in this situation?
    (I believe I can stay legally as long as the change of status was pending and I have 33 days to appeal for motion to resonsider)

    Am I need a lawyer to represent me on the Master Calendar hearing in April?

    Was / Am I 'unlawful presence'?

    From when, I am 'out of status'?

    What is the chance for the immigrantion judge grant me a F-1 visa?

    When will be the latest day I have to leave the U.S?

    Thank you so much for your time!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default

    Your order denying the adjustment of status would normally have explained the reasons for the decision, notified you of the proper appellate jurisdiction and the applicable deadlines, and provided you with the correct USCIS form to file an appeal. Did that not occur?

    You would benefit from the assistance of an immigration lawyer.

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