I have a few questions!! please help!

Hi guys,

I am grateful that i've found this forum i really need you guys' help. I am 21 years old and had been here in the US since i was 12. I've also completed my four years of high school here in california. However, my international student advisor at my university told me that i am "out of status" four years ago, which was when i first started college, because my I-20 was expired.

So the story begins when i found out about the AB 540 law. I realized it could possibly apply to me because i fulfill all the requirements. Then, I went and talked to the my school officials about this law, and they simply said it doesnt apply to me because i am not considered as an "undocumented student." Obviously, i was like "WTF??" because i thought i was undocumented if i am "out of status." As a result, I was really confused and found what the legal definition of an "undocumented student" was. Luckily, it clearly supports what my interpretation of an undocumented student was. Here it is:

(1) Undocumented Students

All foreign born students residing in the United States without legal immigration status, who would otherwise be eligible to attend their local public schools, are explicitly covered by Plyler and thus guaranteed a Plyler Right of Access. This group includes all age appropriate students residing in the U.S. who:
- entered the U.S. without being inspected by INS and who remain here without valid immigration papers; or
- were inspected at the border, entered with a valid visa, and who have since fallen out of status.
From: http://www.maec.org/lyons/7.html



Still, i went ahead and called 3 lawyers today and asked if I was "undocumented." Two of them say I am NOT undocumented because I was not brought over here illegally by my parents, despite showing them the legal definition. The two lawyers also said the AB 540 is specifically designed for students who were brought over here illegally by their parents, not for someone who's "out of status," like me. They also said the DREAM ACT will not apply to me if it passes since i am undocumented. Needless to say, i was totally desvestated, because the DREAM ACT was all i was hoping for. The third lawyer gave me good news and said I AM undocumented because i am "out of status" ,and therefore, the DREAM ACT will apply to me if it passes.


So as you can see, i am confused as hell and would like know if i am undocumented or not.


SO, AM I UNDOCUMENTED??

Also, if i were to get married with my girlfriend, who's a US citizen, will i be able to get a greencard even though i am currently "out of status?"



Thank you very much for your help!!!!!!!

2) marry her. takes 5 months for you to be a GC holder. but never marry out of need, i married out of love and it is HARD, so i can only imagine a loveless marriage.

1) you sound a lot like an "undocumented" or alien to me . y not call uscis and ask, i always do. just make sure u dial *67 first

Most of us came here legally (at least on this site)and then lost our status. I'd love to be considered as being "out of status" but that is just a euphemism for saying illegal immigrant

Since you applied as an international student and then lost your legal status you would have to re-apply to your school in order to be considered undocumented. I don't think a lawyer will be able to help you as this is a matter that is up to the school, but by all means do insist.

Good luck!

yeah cuz i remember the school official said something about the school is still considering you as an F-1 student, not an "undocumented student."

But is this really worth it? I really don't want to insist if it's gonna jeopardize my chance of staying here.

So i am really a undocumented student?? And if so, will the dream act apply to me if it passes??



Thanks

It is unclear at this point. I do think that a lawyer would come in handy if in fact the bill passes and you're trying to adjust your status. Most provisions will have certain "loopholes" that could benefit your situation. I would also look into getting married since it is a legitimate union and the fastest way to get a green card like the previous poster said.

How come it's still unclear? because the definition says an undocumented student is "- were inspected at the border, entered with a valid visa, and who have since fallen out of status. "

Is my interpretation of the legal definition wrong? If so, what's the other interpretation.


Thanks

Can any else give me some advice????

No, when I said that it was unclear I meant whether you would qualify for the Dream Act. When it was first introduced you only needed to complete two years of college in order to be eligible. With all the amendments and the eminent threat of a filibuster the Dream Act may look a tad different by the time they're done. They may require you to hold an actual degree, or maybe a high school diploma will suffice, who knows. As I said before this is all very unclear at this point since there will be so called "trade-offs" that will upset the structure of the bill even if the changes don't seem to make sense (blame it on the conservative republicans).

One thing is for sure, you will need the assistance of a lawyer when filing your case since you changed your status from documented to undocumented.

oh I see what you are saying now.

I really hope the Dream Act will apply to me, so that i dont have to get married to get a greencard.

I am worried about marriage because i've heard that the government has a tighten its security of fake marriages, although my gf and I are really together. I am also worried that they wont believe our marriage because by then I will be 24 and she will be 22 plus she will still be in college. I hope I wont encounter any problems in the future if i decided to choose the greencard through marriage route. Any thoughts or suggestions???

But wait, I can still get a greencard thru marriage even tho i am currently out of status??