Thank you all who have tried to help me. I will file a motion for reopen the case, but my supporting materials will not be very supportive. They will be like, my 2-year old daughter is a US citizen; my wife works here for a US company on a H1-b1 visa ...
I have a feeling that I will fail again. Then what? will be put through the removal proceedings? Whatever the outcome is, I will let wenxuecity's readers know so that they may learn from my mistakes.
One more question. I have applied for Canadian immigration in Feb 2001, and got the Innitial Assessment succesful notice in this May. I have not done the Medical Exam yet. I got another letter from them yesterday asking me whether I am still interested in immigrating to Canada. If yes, take the Medical Exam as soon as possible. I am planning to do so sometimes next week. My question is, if they approve my application and give me all the needed pater work for me to enter Canada, is that going to be OK for me to do so from US without a valid status in the US?
Again, any help would be apprecied.
Thanks,
KW Li
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The original message is attached below:
Dear all,
I got a letter from TSC asking me to make immediate arrangement to depart the US. I would like to ask for help how to resolve this tough situation
I enterred the country on a F-1 visa in 2000, and in July 2001, I got an H1-b approved. I did not take the job. The H1-b visa was revolked in September 2001.By the way, I never got the revocation notice from INS. The whole H1-b visa application was handled by my attorney. He did not tell me anything about it.I found this out by calling the number listed on the approval notice.
I applied for change back to F-1 status in April 2002, 7 months after the H1-b visa was revolked. It was just then I started to realize that approval of H1-b visa had cancelled out of my F-1 visa automatically. Two months ago, I called INS, and they could not locate my application package. I had to refile at the beginning of this September.
TSC denied my F-1 application in a letter dated Oct 20, 2003. They indicated that i have already overstayed without a legal status for over a year, will have 10-year bar for readmission to enter the US.
I would like to ask for help. I would like to ask the following questions:
Is there any way to deal with this case? they say in the letter that this decision can not be appealled, but I can file a motion for reopen or reconsider the case with new evidence and supporting materials within a month from the date of the letter;
If I ignore the letter and stay with my family in the US, what is going to happyen? how soon it is going to happen? I need about 6 more months to get my phd degree.
Any other typy of applications can I file to buy some more time to finish my degree?
any help would be appreciated.
thanks!