I am a full-time student in a private university, currently in F-1 status. I'm taking 12 credits in this semester but one of the courses is too hard. I want to withdraw from this course and take it in some other semester. If I drop this course, that means I'm taking under the minimum-required credits for full-time student. My question is that whether I can drop this class without a problem?

For you to maintain a "full course of study" for F-1 purposes, you must engage in undergraduate study at a college or university, certified by a designated school official to consist of at least 12 semester or quarter hours of instruction per academic term, except when the student needs a lesser course load to complete the course of study during the current term (i.e. in the alien's final term).

According to the INS Operations Instructions, with the exception of those who are advised to take less than a full load for valid academic or medical reasons by the Designated School Official ("DSO"), any student who is not pursuing a full course of study at the school he or she is authorized to attend is considered out of status. I suggest that you discuss your situation with your DSO to see if he will authorize your lesser course load for this term.

The only other exception applies to F-1 students from South Korea, Thailand, Indonesia, Malaysia and the Philippines who have been affected by the Asian economic crisis. Such students may reduce their normal course of study in order to engage in authorized employment.

I am a citizen of Pakistan and a landed immigrant Of Canada. I am currently in the U.S. on an H-4 Visa. I have been admitted to a local college for an Associate Degree course and have been issued an I-20 for an F-1 visa. Do I need to take this I-20 to a border post and get a new I-94 for my F-1 status? Since I hold a visa-exempt passport, is there any need to get the F-1 visa stamped on the passport? Once I finish my studies, how do I get back to my H-4 status? On my F-1 Status, what is the maximum number of hours per week I can work on campus while on F-1 status?

I should mention that since you are in H-4 status, you don't actually have to switch to F-1 status to attend school. H-4 aliens are permitted to engage in study. The only reason you really need to change from H-4 is if you want to seek on-campus employment pursuant to F-1 status.

If you wish to change your status from H-4 to F-1, you can file for a change of status within the United States or leave the country and apply for F-1 status when you re-enter. You won't have to seek a visa at a consulate, since you are visa exempt.

Keep in mind that F-1 status requires you to maintain an foreign residence that you have not abandoned. As you are in H-4 status, it is possible that you have not maintained your foreign residence. If so, this will also create problems relating to maintenance of your landed immigrant status.

If you want to switch back to H-4 after you have completed your F-1 program, you will have to again file an application to change your status within the U.S. or leave the country and apply for H-4 status when you re-enter.

You are permitted to work on-campus for up to 20 hours per week. However, this was already stated in the F-1 article at our web site.

My husband and I were recently married (August 98), since I am Canadian we applied for the appropriate visa.  When consulting our lawyer I asked him if, despite the fact that I have a visa pending was I still able to go to Canada and visit my family, and his response was yes, and that I was allowed to travel back and forth between both countries.  I came back to Canada to visit for two weeks and when I went to return back to the United States, when I went through Customs, being completely honest, I told them the circumstances, subsequently I was denied access into the country for the reason of "having a visa pending" and was told that if I tried to enter the country through any other means that the vehicle I was in would be seized including all my assets and that I would be banned for a minimum of five years from entering the country.  What exactly are the stipulations concerning my visa application and me being allowed to re-enter the country, considering that my lawyer told me that it was alright, yet the Customs Officer obviously believed otherwise?

I don't know who your lawyer was, but he/she was wrong, perhaps even negligent. As you have already married in Canada and filed for an immigrant visa abroad, you are now precluded from choosing other options that might have been preferable.

In most nonimmigrant categories, including the visitor category, you are not permitted to have immigrant intent. The fact that a petition for permanent residence has been filed on your behalf is almost conclusive evidence of your immigrant intent. Please refer to our articles on the B-1 and B-2 categories for more information.

It is almost impossible to counter a finding of immigrant intent when your permanent residence case is pending. The INS is now aware of the petition and a record of your denied entry is in their lookout system. I would not risk seeking entry as a visitor at this point.

If you successfully obtained a temporary work authorization in a category that permitted dual intent, you could enter the United States even while your immigrant case was pending. However, I don't know enough about your background to comment on your eligibility for one of these categories.

Otherwise, I recommend staying in Canada until you have received your immigrant visa.

I entered this country on F-1 visa in 1987. Since then I finished my high school and college in 1995 and changed my status to H1-B. However, while in high school, my uncle got me a fake Temporary Resident card. When I tried to renew the card, the INS seized it. They let me stay here on my F-1 but warned me not to do such thing in future. Since then I have not done anything illegal.  I got married in June 1997 to a US Citizen and she filed for my Green Card. I went for my interview and they asked me about the illegal card again. Can I be questioned twice regarding this illegal Temporary Resident Card? Will they deny me a Green Card based on my past activity, referring to the fraudulent Temporary Resident Card or can my wife sign a document asking for forgiveness Form 601?

As you know, fraudulent misrepresentation is a ground of exclusion, as is document fraud. The INS probably should have required you to obtain a nonimmigrant waiver of inadmissibility when they seized your fraudulent card. However, you indicated that they did not.

Regardless of their conduct regarding your need for a nonimmigrant waiver, you need to apply for a separate immigrant waiver when you seek permanent residence. Your prior use of the fraudulent card is relevant to whether an immigrant waiver should be granted.

If the INS takes the position that you are excludable for fraud or material misrepresentation under INA §212(a)(6)(C)(ii), you must seek a waiver under INA §212(i)(1). In order to obtain the waiver, you must establish that the refusal of your admission would result in extreme hardship to your U.S. citizen spouse.

I don't know if you were subjected to a final order for violation of INA §274C. This section prohibits (among other things) using, attempting to use, possessing, obtaining, accepting or receiving any forged, counterfeit, altered or falsely made document to satisfy a requirement of the INA. However, if you were subjected to a final order under INA §274C, you are excludable under INA §212(a)(6)(F)(i).

There is a limited waiver of this ground of excludability available under INA §212(a)(6)(D)(12). No previous civil money penalty must have been imposed against you under INA §274C and the offense must have been committed solely to assist, aid, or support the alien's spouse or child (and not another individual).