Pending P1 application - worked illegally before!?

[maltehelp]

Hello forum,

I am currently facing a complicated case:

- I applied for a P1 visa as a professional tennis player - the application is pending and I need to provide further evidence until December 2016

- My attorney filed the application on my behalf and did some crucial mistakes (such as submitting a wrong schedule, wrong dates...)

- The USCIS did a comprehensive research of my case and point out several discrepancies with the application in an 8 page document

- The discrepancy I am most concerned about is that I started a business while being on OPT (economics major) - my university approved of the business and I did not know it was illegal... my lawyer did not inform me about this prior to the application!

- Furthermore, the petition was submitted one month after my OPT expired... my lawyer told me that I am on a grace period, yet the USCIS points out that the petition was filed with an invalid status


I have three concerns here:

1. I'd like to enter the country on a tourist visa in the future + maintain the option of acquiring a visa in the future. What is the best option for me at this point? Withdraw the application immediately? Explain to USCIS what happened?

2. I am currently in the US, should I leave the country immediately? Am I illegal at this point?

3. My lawyer is incompetent and has misrepresented me. I have lost trust and would like to receive back some money due to misrepresentation. What are my options?


Thanks in advance!

[PryncissQueen]

I would recommend you talk to another lawyer... These are legal issues. Make sure to read reviews and check their status with The Better Business Bureau.

Just my opinion... Use at your own risk...

[Trinity71]

You came here as an F1, went on OPT and now are applying for a P1 - as a professional tennis player, but are talking about coming here in a B1/B2 visitor visa??

Your post is somewhat confusing, but I can tell you a few things for clarification:

I started a business while being on OPT (economics major) - my university approved of the business and I did not know it was illegal - When someone is on OPT, they are no longer at University. I am not sure what their approval means. You are not allowed to start a business here on an F1 or during OPT. The definition of OPT would rule that option out all together.

Grace period? If you are on one status and then file for an extension or an adjustment of status, you go into a "protected status" up to 240 days while USCIS decides whether to approve or deny the request. However, if you are already past your visa expiration date and are in this protected status and your request is approved then all is well. However, if it isn't approved, you are then counted as out of status as of the date of your original visa expiration. So for example, your visa expires 5/31. You filed for AOS 4/30. You go into protected status and then in August they deny you. They will now count you out of status from 5/31 accruing unlawful presence the entire time and then the best thing you can do is leave immediately. It will be hard for you to come back on any visa as you overstayed your originally issued dates. This can also cause a 3 to 10 year ban from re-entering the U.S.

Once your OPT expired, you went into invalid status which translates into being here illegally.

Your chances of recouping any money are non-existent.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71