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.
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
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