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  1. #1
    Join Date
    Feb 2011
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    4

    Default College Student Looking for a Sponsor, I-360 Denied

    I am currently a student one of UC university, 3rd year student. My expected graduation date is Spring 2012. USCIS has denied my father's I-360 on October 2010, but before they made the decision, my family received SSN and 1 year Work Authorization Cards that expire in April. My parents filed a Motion to Reopen/Reconsider and the motion was granted on November. But in December 20. The petition was denied.

    So here is the time line:

    Sept 2008 - Visa expired
    July 2009 - Fingerprinted
    May 2010 - SSN, Work Authorization rec'd (I-765)
    Oct 2010 - I-360 denied, consequently I-485 denied.
    Dec 2010 - Petition was denied

    Now I am going all out to find a job. My Work Authorization expires sometime in April. If I get a sponsor, do I need to start working before my Work Authorization expires? Or could the company start sponsoring me so I can finish my Spring quarter? If my Work Authorization expires, could still find a sponsor? Once again, I am still finishing my third year. So what would be my best option?
    Also when do I become deport-able? Is my current residency in America legal?

    Thank you so much.

  2. #2
    Join Date
    Sep 2005
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    Default Re: College Student Looking for a Sponsor, I-360 Denied

    By a "sponsor" do you mean an employer who is able to hire you on an immigrant or dual-intent visa?

  3. #3
    Join Date
    Feb 2011
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    4

    Default Re: College Student Looking for a Sponsor, I-360 Denied

    Yes, I am hoping to apply for green card because if I were to just get a non-immigrant visa, my tuition will go up (international student fee). By a sponsor, I mean any company who will hire me on an immigrant or dual-intent visa, but preferrably the former.

  4. #4
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    Sep 2005
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    Default Re: College Student Looking for a Sponsor, I-360 Denied

    If you can find an employer interested in sponsoring you, who has a job for which you're qualified, I'll be very surprised. You don't have a degree, you haven't told us of any special skills or qualifications - how do you expect this to happen?

    If you obtain a visa and are able to adjust your status, then you would want to do so before you go out of status. If not, you should anticipate leaving the U.S. and reentering under your new visa.

    Frankly, your desire to penny pinch being duly considered, your best bet probably is a F1 visa.

    I assume your family has been working with an immigration lawyer on the underlying issues. Consider discussing your situation with the lawyer, as it would no doubt be helpful for the person reviewing your situation to know the full facts and history.

  5. #5
    Join Date
    Feb 2011
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    4

    Default Re: College Student Looking for a Sponsor, I-360 Denied

    Well, immigrants lawyers have failed us a couple of times. They are not as knowledgable and with so many different exceptions and different cases, sometimes they are optimistic or pessimistic.
    Anyway, would having a degree in Computer Science help? I mean would full-time paid internship during the summer good enough to get a sponsorship (and possibly a contract to continue to work once I graduate). I don't think qualification would be that great of a problem for me (it could be, if you count my visa status as one of the qualifications).
    I can't afford tuition with F-1 Visa.

  6. #6
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: College Student Looking for a Sponsor, I-360 Denied

    You would need a degree to qualify for a work visa. There is no way for an employer to sponsor you for a green card quickly. You need to review the USCIS information on employment based visas and green cards.

    That you are unable to afford tuition as an international student is not an issue for the USCIS. Many US citizen students cannot afford tuition either. You should talk to your school's financial aid office to see if there are scholarships available for international students and your options for working on F-1 based on financial hardship.

  7. #7
    Join Date
    Feb 2011
    Posts
    4

    Default Re: College Student Looking for a Sponsor, I-360 Denied

    Thank you for that information. Now I am going to make graduating my priority instead of getting a job. If I graduate in June 2012, will I have trouble getting sponsorship then? If so what can I do to minimize the risk of getting rejected by USCIS?

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