Juliak

3 minutes ago, Texansforever said:

Green card granted! Good luck y’all 

I just put a service request “outside of processing time” on Monday and they said they’ll answer by November 6th so we’ll see what they say!

Probably I will see a lawyer at some point and I think I do. Maybe I should be worried more than I actually am. But the lady at the info pass told me that as long as my AOS is pending I should be good and I should be getting work authorization every year. Unless my case gets denied then I automatically become illegal.

4 minutes ago, Boiler said:

You have no status, OK there are millions here in the same position so you intend to stay and live? Can you work illegally?

No, I work based on work authorization. I applied for renewal back in October so I should have it renewed soon.

6 minutes ago, Boiler said:

As has been mentioned you were paroled in as an adjustee, not as a Student.

 

You mentioned you can not afford to carry on studying, what is the plan?

what's the difference if they let me in on my student status and between an adjustee?

I still go to school, I got accepted into a radiologic technology program, but it's part time and I work full time. it's a very selective program so it wasn't easy to get accepted... it's not like I don't go to school, I do but it's not 12 credits, and I pay over half less bc I'm considered in-state so I can afford it.

2 minutes ago, Boiler said:

As I mentioned you will be doing Consular processing by then, I assume you were out of status when you used AP and were no longer under F1.

No, I arrived to the US on advance parole, although my student status was still valid (went to Poland in August, lost student status in October). I gave the officer my I 20 and my combo card and he didn't even want to look at I-20, just asked me where I work and paroled me right away.

15 minutes ago, Boiler said:

Have you spoken with a Lawyer yet? I can not tell and would not want to guess when you went out of status but you obviously do not want to be so over a year and get a 10 year ban.

No I never used any lawyer, always did everything on my own. I think if they send me denial then with the day they do then I become illegal. I hope they won't deny me. I hope they will keep my application and start processing it again when I'm current in F2B category.

Simba I sent you private message, can you answer me please?

3 minutes ago, Boiler said:

Age freezes if you are sponsored by a USC.

That's what I was thinking but she knew my dad is a permanent resident and she still said that my age froze when I applied for AOS. Oh and also she said that my priority date from I-130 does't matter anymore, now my date is the one when they received AOS and that's the date I check in F2A category chart.

31 minutes ago, Mr Simba said:

This happen to me when I did AOS. They called me in for an interview and it went well, I guessed. The IO told me he saw nothing wrong with my case but he was new so it required his manager's approval. 2 months later I got a denial due to aged out and transferred to F2B. Fortunately, I was still maintaining my F1 status the whole time. In the denial letter, they specifically indicated that their decision only based on the Final Action Date to determine the date. Filling date only allows us to file AOS so they can keep track of visa availability. Anyways, in the denial letter clearly indicated what status I was in and I am authorized to stay until the expiration of my I-20 and any benefits I got from AOS such as EAD and travel parole is NOT valid anymore. 

I would advise whoever adjusting status on F2A and over 21 to maintain their status the whole time. Good luck to y'all. 

That is so ridiculous. Why do they let us file for AOS if they are gonna deny us anyway, complete nonsense. Maintaining status would be smart but that would make me study full time for 7 years straight, sorry but I have no money and time for that. Oh and paying international student tuition.. while now I pay in state.

Samba what is your date of birth, your priority date and when did you send your AOS application?

Today on info pass the lady told me my age freezes at the time I send AOS so since it was when I was 20 years old I should be good. I feel like she has no idea what she's talking about bc that would be too good to be true..

8 minutes ago, Bogdan Voloshchuk said:

I assume yes, since my case was denied I lost everything, and have to go back to Ukraine if I still want to get green card through F2B, that is what all four lawyers I met this week told me. Or I can stay here illegally and try to fight. I am in NY state, Brooklyn. 

Yes, the papers should still be good to be processed through NVC in Ukraine in the future if I don't accumulate more that 180 of unlawful presence and face 3 year bar.

I am still considering if if worth fining for reinstatement after 10 month since my student status was terminated, because the process it at lest 6 month and if I get a negative answer I would already accumulate those 180 day and will still be forced to go back home.

You turned 21 in September 2015, am I right? and you sent AOS application in January 2016 when you were already 21, so maybe that's why they denied you because you aged out even before your date for filling was current in F2A category so technically you shouldn't have sent your I-485

5 minutes ago, Boiler said:

Your adjustment died with your change of category, they may not have caught up with the paperwork yet.

are you serious? how do you know that?

I remember someone told me that although the category changed, the adjustment should remain in place, but I need to wait until my date in F2B category is current. And while I'm waiting I should be able to renew my work permit every year. I'm literally so lost now. I don't know who should I listen to now.

1 minute ago, Boiler said:

You said for your last entry you were paroled in on the basis of adjusting through F2a.

Yes, because I filled I-485 when I was still under 21 and was in F2A category. Meanwhile when I was waiting I turned 21 and aged out before my priority date was current so they must have changed my category to F2B but my AOS remains pending. That's my understanding of how it works.

6 minutes ago, Boiler said:

So you are totally dependent on the F2a being processed.

How come do you think so?

I also found this on some lawyer website:

Q: Do I have to renew my current non-immigrant status while my case is pending?
It is not legally necessary to renew your non-immigrant status, as your status will automatically switch to I-485 pending status when your current status expires, however, we recommend our clients maintain a valid and separate legal status which will allow you to stay in the U.S., if by any reason your adjustment application is denied suddenly.

In order to maintain H-1 or L-1 status, you will need to continue to extend your H-1 or L-1 status and always re-enter the U.S. under that status after traveling abroad.

So last summer I traveled to Poland and I came back on advance parole, so I got paroled, I didn't enter using my student status (although it was valid back then)

Just now, Boiler said:

I am assuming you are not able to adjust under F2a and have to wait for F2b. Just to make it clear.

 

Sounds like you were here on a F1, temporarily to study, not live in the US.

yes, I aged out and now I'm in F2B, so probably need to wait like 5 more years.

And yes I came on F1 visa, did 2 years at a university and now transferred to a different college into part-time program so I lost my student status 

8 minutes ago, Boiler said:

 You would be doing Consular processing in your home country. You do not want to accrue a ban due to illegal presence.

But I live here, not in Poland. Are you saying that right before my date is current I have to go back to Poland and then do consular processing? I never sent anything to NVC, I applied for adjustment of status and I don't really know how to change it into consular processing now.

14 minutes ago, Boiler said:

Basically you need to be in status to adjust status, so if not as a Student then another status that allows you to stay in the US.

when I was sending my AOS I had student status but I transferred to another school and I do a part time program so I lost my student status, does it mean they will deny my case in 5 years bc I lost my status?

People that are in F2A and with similar date as me got their green cards already. I haven’t heard anything. And one time I called and obviously they have no idea but one lady said if you haven’t heard anything and other people did you can assume you were transferred and besides that before I was even current in F2A I went for infopass and the officer checked on some calculator that I’m missing 30 days to be considered F2A so I’ll most likely get transferred to F2B. So I assume I am F2B now..

btw the calculation is pretty easy, just tell me when they got your I-130 (your priority date) and when it got approved, then tell me your date of birth

11 minutes ago, Texansforever said:

Did you get denied? Are you able to still renew your work permit for now? 

I didn’t get denied, I applied for adjustment of status back when I was still under F2A and I got work permit and actually now I’m renewing it but it’s been already 4 months and I haven’t got it yet since they are so behind... I have infopass appointment tomorrow bc my old work permit expires march 9th and I can’t stop working.

I’ll ask them then what’s gonna happen if I lost my student status.

Boghan maybe they denied you because they realized you’re no longer in F2A and you have to wait more; maybe it doesn’t mean they closed your case based on denial. One question for you, when they asked you for new medical and proof of your legal stay in the country, did you send it to them right away?

I’m transferred to F2B too, so let’s say in 5 years my date will be current and I lost my student status too. How am I supposed to show my legal stay in the country?

any news ?

my date is current in F2A but I'm going for info pass appointment next Tuesday to talk to them and see if I'm still in F2A category and I should get my green card soon or they put me in F2B

19 minutes ago, tina1508 said:

I applied i485 when I was under 21.  They said I need to wait till my priority date become current under F2b  before they resume processing my case.  My understanding is that as long as i485 still pending, we would be able to renew EAD and stay in the US.

When were you born, what was your priority date and when I130 was accepted and when did you send I485?

Unless they already transfered me to F2B and it won't be current for the next 5 years...

i hope not though

It will be current in august. Then i'll do another service request.

After over 2 months I finally got an answer for my service request.

The status of this service request is:

Recently, you contacted us regarding your Form I-485, Application to Register Permanent Residence or Adjust Status. Our records indicate that your priority date is not yet current. For your priority date to be current, it must be earlier than the Final Action cut-off date listed on the Department of State Visa Bulletin for your preference category. The Visa Bulletin is available on the Department of State website at www.state.gov. Once your priority date is current and an immigrant number becomes available to you, USCIS will resume processing your application.

It's ridiculous. And his priority date is current right? Mine will be current in August so I'll do infopass then.

i'm aging out June 21st, it sucks that getting my green card this year or in 5 years depends if the officer that has my case likes me or not....