Q: Student visa - out of status - reinstatement - green card holder
I am an international student. I got W on one of my class which made me become out of status. I am doing my reinstatement right now. I also apply i-130 (husband is green card holder). My school said i am graduating so if the end of May then don't hear from the uscis, i become out-of-status. Can i stay in the us while waiting for interview to get my green card? Or i should go back to my home country and wait? ( i applied on 04/05/2017, just received, has not approve)
A: You will likely need to leave the US to avoid accruing unlawful presence. You will also need to go to a visa appointment in your home country. If your spouse becomes a citizen, this changes.
Carl Shusterman agrees with this answer
A: Unless you leave the US, you will be accruing unlawful presence which could bar you from returning to the US for 3 to 10 years.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
