mrbrucele
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Posts posted by mrbrucele
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My mother petitioned me and I got form I-130 approved in December 2013.
My Priority Date is 12/23/2013, which becomes current in September 2015.
I had my I-485 filed by an Immigration Service in Sep 2015 for Adjustment of Status under F2A category, but somehow the document got lost in the mail and USCIS never cashed out the check. I turned 21 in May 2015, but with PCSA I am still eligible for F2A at the time when the Immigration Service sent out the I-485, which is Sep 2015.
Now I completely trust that immigration service and forget about it until May 2017, where I had to refile my I-485 for Adjustment of Status. I now received my EAD, Advance Parole and a Notice from USCIS telling me to take medical examination to prepare for the interview. Also noted that I have been a full time F1 student this whole time, from 2010 to May 2017, and I am currently on OPT at the time I recently file my I-485 form.
With that background, I have 2 questions:
1) For this upcoming interview, would it be possible USCIS will deny my case since I am no longer eligible for F2A category? How do I prove to USCIS that the Immigration Service that I paid for had sent out the I-485 and other documents in 2015 (when I am still under PCSA and fully eligible for F2A category) and it was lost in the mail?
2) Worst case scenario, they denied my GC during the interview and push me down to F2B category (unmarried son over 21), would I be out of status by then? My OPT card expires May 2018 and I don't think they will interview me before this period.
I'm so worried and it would help me a lot if I could get help from someone who has experienced the same story.
Question regarding a complex F2A Category AOS from F1 Student Visa Case
in Adjustment of Status Case Filing and Progress Reports
Posted
Thank you so much for your response!
For 1), would you think it is possible for them to approve if I'm able to provide proof that the I-485 was actually filed and lost in the mail? Also, I talked to a few lawyers and some of them said that if USCIS agreed to interview my I-485 application based on F2A category, they have accepted that I'm in fact eligible for the F2A category. Is it true?
For 2), what would my status be if they interview and deny me after my OPT period expires (which is May 2018)? Would it put me into an "out of status" or a "pending for I-485" for my F2B? I'm currently using the EAD from pending I-485 to work (in replace of my OPT EAD).