student status

If an F1 student fails to register for a semester, does that automatically means he/she is out of status ? Is the out of status period counted from the beginning of that semester ?
Also, can he/she still file for AOS through marriage to a USC once being out of status ?
thanks guys for the great forum.

reyna wrote:If an F1 student fails to register for a semester, does that automatically means he/she is out of status ? Is the out of status period counted from the beginning of that semester ?
Also, can he/she still file for AOS through marriage to a USC once being out of status ?
thanks guys for the great forum.

Find a good immigration lawyer: http://www.aila.com

I don't have the answer at hand at the moment as to when F-1 status terminates. I can say that USCIS or an immigration judge have to make a finding that you have violated F-1 status before you begin to accrue unlawful presence, which has serious consequences if you leave the U.S. and try to return.

Also, can he/she still file for AOS through marriage to a USC once being out of status ?

As a general rule, a person who has violated lawful immigration status may adjust through a USC spouse, provided that there are no immigration violations in addition to one overstay and other adverse factors, such as a criminal record.

-Dan