Subject: asking help

From: Bin Hu <[email-masked]>
Date: Mon, 12 Sep 94 23:28:38 CDT

I am a LAD of CSPA and filed my I-485 application form last Sept.
during the " Opening window " time. I had a letter from local INS office
titled " Notice of Intend to Deny " on July this year and I had wrote two
letters to LADS asking help durinh July. 
	The reason INS gave me this letter is that My husband registered only 
6 credit hours which is less than the school international student affair's 
full-time student reguirment when I was in F-2 status in spring 1992(I am a F-1
student now). So he was consided not maintain his lawful status and therefore I
was consided not maintain my lawful status, also. But the fact is my husband was
full-time TA and just enrolled for thesis work that time and actually I had 
change my F-2 to F-1 successfully at summer 1992. There were many unfair and 
ridiculous point in this case(lawyer's words). After I wrote my case to e-mail,
I got a lots of suggestions from e-mail friends and most people belived that
we will not have big problem in this case. For safety reason, we still hired 
a lawyer to rebuted this case for us. Unfortunately we finally lost this case 
and my I-485 application was denied last week by INS. 
	There were nobody clear about this special reguirement until last 
summer in our school and many students made mistakes without any advise and 
warning. Since our school DSO gave international student real hard time and 
there were three international students had been debied their practics training
applications by the same reasons before my problem came. Based on same problem,
we guess that INS dose want listen to us at all from beginning.
	INS returned my I-94 and said if I did not violated my F-1 status I am
still consided keeping my lawful F-1 status.
	We are confused about that. Does that mean I am still a lawful F-1
student and can legally stay in USA and can go a practics training process to 
get my GC ? How to explain that I am still legal F-1 but I didnot maintain my
lawful status. That really confuse us in this case. If someone can explain that 
to us, we will so appreciate about that!
	Now the urge thing to us is what should be our next step? What I can do
to apply PR as a dependent of CSPA?  File a application as DED ? or finish 
thesis then go a regular way to apply GC. We ask help from you e-mail friends.
	Based on our limited understanding about CSPA, we might have a lots of
misunderstanding. We heard that a lawful status only counts from your last entry
to USA. Is it right? If it is right, can I reentry USA from Canada to gat a new
I-94 and then file I-485 application again (it may be filed for family based
cetagory)? Or the only way for me is to file a I-824 as DED to get my GC? Is
this necessary to reentry this country again? What will be a fast and possible
way for me apply a PR? Since I am still in school it is possible for me to get
another I-94 throught reentry now. We really need your help to get next step.
Since this time lawyer was failure to win our case, we think that the people 
who is fimiliar with CSPA are chinese students around e-mail. 

	Any helps and suggestions from you will be highly appreciated!

	Thanks in advance!

BH 
9/12/94