inadmissibility

[copula 0]

Brief Context: I was in the US on H1B visa in 2009. In June 2009, I lost my job. I filed for change of status to F1 based on I-20 to a community college. I got the change of status approved in August 2009. The program was going to start towards the end of September 2009. But I decided not to pursue the program and go back to my home country India early October 2009. I worked in Canada from 2010 to 2012. I am back in the US at the beginning of this year, and am filing for green card based on my wife's application (who has been recently granted the green card).

My question: Is it considered to be misrepresentation if I filed for a change of status to F1 but later decided not to pursue the program? Is that grounds for inadmissibility? Any advise on my options to file for I-485/I-765?

thanks in advance!

[canadian_wife 1,806]

It is not against the law to change your mind.

However, it is unlawful for you to go to the US with intentions of adjusting status. Under what visa will you enter the US?

good luck

[Harpa Timsah 13,258]

Your wife is GC holder so there is quite a long wait for you to be able to join her in the US. It's 2 or 3 years from when she filed the petition, depending. You cannot wait in the US for it to be approved, because all those illegal days will make you ineligible for a GC.

[copula 0]

canadian_wife, thanks for the reply!

I am currently working in the US on an L-1 visa.

It is not against the law to change your mind.

However, it is unlawful for you to go to the US with intentions of adjusting status. Under what visa will you enter the US?

good luck

[Penguin_ie 5,992]

Since you have an L1 granted after the F1 issue, there is no issue. You left within the time frame allowed after not taking up the course, so you are ok.

Edited February 20, 2013 by Penguin_ie

[ceadsearc 516]

canadian_wife, thanks for the reply!

I am currently working in the US on an L-1 visa.

You're allowed to change your mind.

L-1 is a dual intent visa so you're good on that aspect as well. Just make sure you stay in status the entire time or return to your country if you no longer want to work on the L-1 because overstay isn't forgiven for spouses of LPRs.

[hmh33 117]

Your wife is GC holder so there is quite a long wait for you to be able to join her in the US. It's 2 or 3 years from when she filed the petition, depending. You cannot wait in the US for it to be approved, because all those illegal days will make you ineligible for a GC.

If they were married before she became an LPR, he may be eligible for follow-to-join derivative benefits rather than having to wait for an F2A (family second preference) visa number to become available.

[copula 0]

thanks everyone for the responses. greatly appreciated.

hmh33, yes, I am applying as an eb-derivative since we got married before my wife got her PR.