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yanki2332

OUT OF STATUS F1 TO AOS

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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 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 didn't quit school;I was on acedemic suspension from my current school but I still took classe 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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Moved from Bringing Family Members of US Citizens to America forum to Adjustment of Status from Work, Student, & Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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You fell out of status the moment you went on academic suspension because you were not taking classes again at the school that issued you your form I-20. Taking classes at the local college during suspension even if you did full time couldn't do you any justice because you did not follow proper transfer procedure by getting a new I-20 from the new school, including your new DSO notifying USCIS of your transfer and updating your SEVIS records. Normally you can reinstate in the U.S. Only if you've been out of status for less than 5months. Still tough to get though and very risky as you can see. If longer than 5 months you have to leave to U.S. and re-enter with a new visa or I-20 if visa is still valid. Your mom becoming a citizen won't also do you justice because you don't qualify as an immediate relative to her. ( You're not her minor child, spouse or her parent). At this point the only way you can get a greencard is by marriage to a U.S. Citizen but you must marry for love though. Looks like you said USCIS ordered you to leave if that's the case that means you probably have a removal order and that'll will make your adjustment of status by marriage even a target for higher scrutiny for fraud to make sure it's really legit. It won't be a straight forward process with USCIS like other overstay or other out of status cases without removal orders. It's one of this ones you're gonna need an attorney to go with if you do ever go down this path. The sad part is since USCIS has made a formal finding of your status violation you're now accumulating 3 to 10 year bars depending if you've overstayed for 6 months or 1 year. Best of luck, sorry about your situation. Been in your shoes too so I know how it feels. ( was out of status for 9 years dropping below full time for financial reasons and it was my wife who got me out of that darkness).


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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Talk to a lawyer. There's a lot going on.


May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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