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Posted (edited)

Hi today Was my i485 interview in new york fedral plaza . I was here on F1 visa my mom is a US citizen and i am 33 years old. When i got my EAD 5 months back i stopped going to school and my school terminated me. Today was my interview and they asked me when did you stopped going to school i said them in the month of may 2021. At last the interviewer told me you are out of your status as you do not come under immediate relative as i am above 21. She gave me a paper which says your case is being held for review. Please anyone can tell me what does this means. 

Edited by Sohailalladin
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
9 hours ago, Sohailalladin said:

Hi today Was my i485 interview in new york fedral plaza . I was here on F1 visa my mom is a US citizen and i am 33 years old. When i got my EAD 5 months back i stopped going to school and my school terminated me. Today was my interview and they asked me when did you stopped going to school i said them in the month of may 2021. At last the interviewer told me you are out of your status as you do not come under immediate relative as i am above 21. She gave me a paper which says your case is being held for review. Please anyone can tell me what does this means. 

The IO is saying that even though your priority date was apparently current when you filed I-485, because your category was not an immediate relative of US citizen petitioner, you’ve accrued unauthorized presence that isn’t forgiven.  
 

So I would have expect the I-485 to be denied and that the denial will give you a deadline to leave the USA.  
 

You should hire a competent immigration attorney that is both listed in your state’s bar and on the AILA.org website.  

Edited by Mike E
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted

See also https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-bars-to-admissibility 

 

It is crucial you get legal advice to avoid a 3 year ban (if that is still possible). 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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