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yanki2332

F-1 REINSTATEMENT

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hi I am seeking help and advice on as to what I should do in my case.

1. I came to the US in AUG 2009 on an F1-Student visa during that year my parents in Ghana won the DV visa lottery for DV2009. So when the letter came my name was there as a beneficiary but I was in The US so the consular advice him to file for me when he gets here.

2.My mom(Green Card holder) applied I-130 for me on December 2010(My priority date) and the petition was approved on May 4,2011.

3.She filled I-485 in November 2013 since I was in F2A. I went through the whole process(biometrics & interview- mind you interview was good and officer said everything looked good)

4. May 2014 I received a decision letter from USCIS denying my application for the following reasons and I quote from the letter

"Generally, to qualify for adjustment under INA 245, an applicant must:

  • Be inspected and admitted or paroled into the United States
  • be eligible to receive an immigrant visa;
  • be admissible to the United States for permanent residence: and

Have an immigrant visa immediately available at the time the application is filled.

USCIS says I-130 was filed on DEC 2010 and approved MAY 2011. SEPTEMBER 20111 I turned 21 and at that point they automatically converted me to F2B.

They went on to say they considered me eligible for Child Status Protection Act; "Given your priority date as DEC 6 2010 a visa became available on April 1 2013. At that time my age was 22yrs,6months and 17 days. The petition was pending for 4months and 28 days. So after CSPA my age is 22years, 1month and 20 days.

Then they went on to say my student status was terminated in January 2014. But I have been in the US taking classes in my school since my I-20 does not expire till May ,2015.

I went to my school's DSO to have my I-20 renewed so I can renew my drivers license and he explained to me that I have to file for re-instatement to F1 status with USCIS;

Well my mom becomes a citizen in 2 weeks and I want to know how this will affect my reinstatement and how can it help me to get my green card.

I am scared if I apply for re-instatement to F1 they will deny it and process me for deportation since they asked me to leave a year ago.

what options do I have??


August 24 2008 - Arrived in the USA with a F-1

April 2013 - Met my wife in college

April 16 2015- Married my college sweetheart (L)(L)(L)

May 2015 - I graduated college with her

May 27, 2015 - Sent AOS package

June 2, 2015 - NOA1 Received

June 20, 2015 - EAD Biometrics Appointment Letter Received & AOS Form I-485 Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Done

July 9,2015- Case status online changed to "we are ready to schedule you for an interview"...waiting for date...soo anxious ;) ;)

July 14,2015 - Case status online changed to "we scheduled you for your interview and mailed you an interview notice".....waiting for hard copy!! :D :yes: :dancing:

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How come you are out of status? What happened?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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How was your F1 revoked? Did you quit school? I-20 is not your authorization of stay, your authorized staying is D/S aka duration of your school, you quit school then you need to leave.

There is no way you can reinstate inside the US once your status has been terminated, let alone you are out of status

Forget about adjusting status (aka having interview inside the US) because you need to keep your status valid (not even a day out of status) to AOS inside the US.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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I was out of status due to acedemic suspension but I still took classes at a local community college


August 24 2008 - Arrived in the USA with a F-1

April 2013 - Met my wife in college

April 16 2015- Married my college sweetheart (L)(L)(L)

May 2015 - I graduated college with her

May 27, 2015 - Sent AOS package

June 2, 2015 - NOA1 Received

June 20, 2015 - EAD Biometrics Appointment Letter Received & AOS Form I-485 Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Done

July 9,2015- Case status online changed to "we are ready to schedule you for an interview"...waiting for date...soo anxious ;) ;)

July 14,2015 - Case status online changed to "we scheduled you for your interview and mailed you an interview notice".....waiting for hard copy!! :D :yes: :dancing:

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Lawyer time, you can not adjust as you have no status to adjust from. Not sure how F1 reinstatement works or even if it is possible as you clearly have immigrant intent.

And you have been out of status for a year.

Otherwise you are looking at applying in your home consulate with probably a ban needing a waiver.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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How were you able to go to Community College? Do they not need an I 20?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I had taken classes there before so I was in their system and just registered


August 24 2008 - Arrived in the USA with a F-1

April 2013 - Met my wife in college

April 16 2015- Married my college sweetheart (L)(L)(L)

May 2015 - I graduated college with her

May 27, 2015 - Sent AOS package

June 2, 2015 - NOA1 Received

June 20, 2015 - EAD Biometrics Appointment Letter Received & AOS Form I-485 Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Done

July 9,2015- Case status online changed to "we are ready to schedule you for an interview"...waiting for date...soo anxious ;) ;)

July 14,2015 - Case status online changed to "we scheduled you for your interview and mailed you an interview notice".....waiting for hard copy!! :D :yes: :dancing:

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http://www.fit.edu/isss/reinstatement.php

Does not seem reinstatement is possible.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It sounds like you were granted an i20 for one school, failed out, and began attending a separate school yes? If that is the case, your current F-1 visa, which you say is valid until May 2015, is in fact NOT valid as it appears you never received a new I20 for your community college.

Get a lawyer, you've complicated your case quite nicely

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Agree I20's are tied to a specific school and the validity of your F1 visa is based on an active I20 , which school 1 terminated when you were no longer attending. When your mom gets her citizenship you be an adult child not an immediate relative. Time to consult a good lawyer


This will not be over quickly. You will not enjoy this.

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How was your F1 revoked? Did you quit school? I-20 is not your authorization of stay, your authorized staying is D/S aka duration of your school, you quit school then you need to leave.

There is no way you can reinstate inside the US once your status has been terminated, let alone you are out of status

Forget about adjusting status (aka having interview inside the US) because you need to keep your status valid (not even a day out of status) to AOS inside the US.

I beg to differ. A student who has been out of status can apply for reinstatement within the US. My F1 student status was terminated in Oct 2012. I went against my school's advise of going back to my home country and applying from there. I applied for reinstatement on my own, without consulting a lawyer, while in the US in Nov 2013, more than a year of being out of status and I got my status reinstated. If you've been out of status for only one semester, then you are allowed to apply from within. Any period longer than that, you need to justify and prove your case.

Edited by teshah

AOS from F1

11/13/2014: Concurrent filing of forms I-130, I-485, and I-765 at Chicago Lockbox

11/18/2014: NOA 1

12/11/2014: Biometric Appointment


01/16/2015: NOA 2


02/27/2015: Employment Authorization Card Received


02/27/2015: Interview


03/09/2015: Green Card Received




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