Filing For Adjustment of Status After Having F1 Reinstated

[ivanovsky 0]

We're applying for my sister-in-law to adjust status to a green card from F1. She violated her status by mistake--she transferred to a school that couldn't maintain the I20--and had it reinstated.

 

On this page, https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4 it says, "The reinstatement is in effect the functional equivalent of waiving the violation. In this instance, the violation subject to the reinstatement would not bar the alien from adjusting status." Can we go by this given that we're filing adjustment of status based on her mother's LPR status rather than citizen status?

 

Thank you!

[Unlockable 7,306]

There is no way you can adjust her status.

 

Adjustment of status can only be done through US citizens or spouses of permanent resident. There is no qualifying relative who your sister can use for her adjustment. It will be denied.

 

Her best option is to maintain the F1.

[ivanovsky 0]

3 minutes ago, Unlockable said:

There is no way you can adjust her status.

 

Adjustment of status can only be done through US citizens or spouses of permanent resident. There is no qualifying relative who your sister can use for her adjustment. It will be denied.

 

Her best option is to maintain the F1.

Sorry, I was unclear in my original post. Her mother is a permanent resident, that's who she would be using for her adjustment.

 

So her mother's a LPR, and she would be filing to adjust status on that basis.

 

Given that her mother is a LPR, not a citizen, is it okay that she had her visa reinstated?

Edited October 14, 2019 by ivanovsky

[Unlockable 7,306]

4 minutes ago, ivanovsky said:

Sorry, I was unclear in my original post. Her mother is a permanent resident, that's who she would be using for her adjustment.

 

So her mother's a LPR, and she would be filing to adjust status on that basis.

 

Given that her mother is a LPR, not a citizen, is it okay that she had her visa reinstated?

How old is the daughter (your SIL)?

[ivanovsky 0]

1 minute ago, Unlockable said:

How old is the daughter (your SIL)?

She's 18 (under 21), and unmarried. 

[Unlockable 7,306]

3 minutes ago, ivanovsky said:

She's 18 (under 21), and unmarried. 

OK. It may be possible.

 

But others who are more experienced will chime in and  give advise on if it is doable.

[Boiler 43,425]

Assuming her PD is current and she is in status then adjustment can be filed for.

[ivanovsky 0]

10 minutes ago, Boiler said:

Assuming her PD is current and she is in status then adjustment can be filed for.

Sorry, what's a PD? Someone else had told me they thought it would be an issue, you don't? Thank you!

[Boiler 43,425]

Priority Date

[SusieQQQ 11,584]

 I’d suggest you consult a lawyer to confirm this applies in your sister’s case.  Not something you want to chance and find out at some stage  down the line, it didn’t apply, and have to start over again.

(I'm a little puzzled as to how she got reinstated when it was her own error that led to the violation of status but that’s a different issue.)

 

F2A is current for all priority dates at the moment.

Edited October 14, 2019 by SusieQQQ