Cincinnati, OH asked in Immigration Law for Ohio

Q: Can I file I-485 (AOS) while my f-1 reinstatement is pending with USCIS.

I received an approved i-130 for unmarried son of US citizen F-1 category and thought i was in the clear.. stopped taking classes fell out of F-1 student status as a result.. when priority date became current, seeking advice I realized my mistake and applied for f-1 student reinstatement as fast as i could and returned to taking fulltime classes, case currently pending with USCIS. Can i apply for i-485 while f-1 student reinstatement is pending? I am afraid of being deported and losing everything up to this point.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: This seems problematic, but more information is needed and quite soon! How long ago have you fallen out of status? Have you engaged in unlawful employment? The change in plans, that is, the desire to immigrate can impact upon your right to reinstate F-1 student visa status. Yet, there may be other options.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, like myself, who can take enough time to provide reasonable legal advice before matters get any more complicated!

The above is general information, not legal advice, and does not create an attorney client relationship.

Agnes Jury agrees with this answer

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You are correct to be concerned. Whether you will be considered an overstay and not eligible to adjust inside the USA depends on how long you were out-of-status and whether you timely applied regarding the student visa.

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