I -130 approved, then denied. possible immigration mistake

[vitjok 0]

"Export of Dhaka" explained to you how the CSPA works. Your brother was approved because, after deducting for the time USCIS spent processing the petition, his adjusted age was under 21. Yours was well over, which is why your AOS was denied. The CSPA lets you deduct time that USCIS spends processing your petition, but it doesn't let you deduct time spent waiting for your priority date to become current.

If you admit in your cover letter that the only reason you're returning to school is so you can maintain your non-immigrant status while waiting to become eligible to adjust status then your application to reinstate your student status will be denied. It's fine if you explain that you dropped out of school temporarily to apply for AOS, but you should explain that you're returning to school because that was your original intention - NOT because you're waiting out your priority date.

Can I PM you my cover letter so you can take a look at it and tell me about my chances?

[JimVaPhuong 4,863]

Can I PM you my cover letter so you can take a look at it and tell me about my chances?

Sure.

[vitjok 0]

Sure.

Just sent you a copy of my original cover letter. Please let me know what you think about it.

Thanks a lot!

[JimVaPhuong 4,863]

Just sent you a copy of my original cover letter. Please let me know what you think about it.

Thanks a lot!

Replied.

[vitjok 0]

Hello

Replying to give everyone an update. I hope my case and situation described in this topic will help someone in the future.

My reinstatement for F-1 status was denied. I haven't received an official responses yet but could see it after checking my case status online.

1. Can you please advise what are my options now?

2. If I get married with my girlfriend who can apply for a citizen in 6 months would denial notice from reinstatement be a problem?

Thank you,

[Jojo92122 1,924]

Hello

Replying to give everyone an update. I hope my case and situation described in this topic will help someone in the future.

My reinstatement for F-1 status was denied. I haven't received an official responses yet but could see it after checking my case status online.

1. Can you please advise what are my options now?

2. If I get married with my girlfriend who can apply for a citizen in 6 months would denial notice from reinstatement be a problem?

Thank you,

At this point, you have probably accumulated more than 180 days of unlawful presence. If you leave the US, you are looking at a 3 years ban and possibly a 10 years ban.

It will probably take your girlfriend about 6-9 months to go through the naturalization process. Are you willing to stay illegally in the US until her citizenship is finalized? That's 12-15 months from now. The denial is not going to be a problem.

You have a hard choice.

[vitjok 0]

At this point, you have probably accumulated more than 180 days of unlawful presence. If you leave the US, you are looking at a 3 years ban and possibly a 10 years ban.

It will probably take your girlfriend about 6-9 months to go through the naturalization process. Are you willing to stay illegally in the US until her citizenship is finalized? That's 12-15 months from now. The denial is not going to be a problem.

You have a hard choice.

Thanks for your feedback. I'm wondering if I get married and file paperwork whenever time comes may USCIS consider this marriage as an intention to stay in US. What do you think? Would they check that I had F-1 denial, I-485 denial previously?

I did receive the actual response in a mail this afternoon. They basically saying that I couldn't establish that the violation of my status resulted from circumstances beyond my control, that the need for reinstatement to student status in not a result of willful failure etc..

They also saying that "this decision leaves me without lawful immigration status; therefore you are present in united state in violation of the law. You are required to deport United States. Remaining in the US without authorization may result in the initiation of removal proceeding again you and may affect your ability to return to the United States in the future. the decision may not be appealed. However, if you are disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or to reconsider by completing a Form I-290B, Notice of Appeal or Motion. A copy is enclosed.

......

and giving me 33 days from the date of this notice.

Would it make sense to file a motion? Would I be legal here for the time that motion being proceeded?

How can I leave US if my family (my mother and brother), my girlfriend is here!? I want to get my master in Computer Science here...

Any advice is appreciated.

Thanks much!

[Jojo92122 1,924]

Thanks for your feedback. I'm wondering if I get married and file paperwork whenever time comes may USCIS consider this marriage as an intention to stay in US. What do you think? Would they check that I had F-1 denial, I-485 denial previously? USCIS will conduct a background check which includes going through your previous immigration applications in their databases. USCIS could consider your marriage as a sham so you can stay in the US.

I did receive the actual response in a mail this afternoon. They basically saying that I couldn't establish that the violation of my status resulted from circumstances beyond my control, that the need for reinstatement to student status in not a result of willful failure etc..

They also saying that "this decision leaves me without lawful immigration status; therefore you are present in united state in violation of the law. You are required to deport United States. Remaining in the US without authorization may result in the initiation of removal proceeding again you and may affect your ability to return to the United States in the future. the decision may not be appealed. However, if you are disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or to reconsider by completing a Form I-290B, Notice of Appeal or Motion. A copy is enclosed.

......

and giving me 33 days from the date of this notice.

Would it make sense to file a motion? That's up to you.

Would I be legal here for the time that motion being proceeded? This is how it works. While it's being processed, you are okay. If you get your F-1 status back, then you are okay. If you get a denial, the entire time the motion to reopen will be held against you as unlawful presence. The reason for this is to discourage frivolous applications to stay in the US while the applications are being processed.

How can I leave US if my family (my mother and brother), my girlfriend is here!? I want to get my master in Computer Science here... You leave because you no longer have legal status in the US. A condition for your F-1 status was your promise to leave after your course of study was over. You have used it as a means to immigrate to the US earlier than other people who have had to wait for their LPR mother to petition them. You are basically using your F-1 status to circumvent the wait. Sorry if this is harsh, but you were abusing your F-1 status to live in the US rather than complete your education and go home.

Any advice is appreciated.

Thanks much!

Edited October 23, 2011 by Jojo92122

[vitjok 0]

Believe it or not but my primary and main intention was/is to get my master in US. Of course, I would like to stay here because I want to be with my family, I love my girlfriend and like this country. And my marriage will be real. If they find this wrong then I'll leave. It's sad though.... System is not perfect at all!

[Jojo92122 1,924]

Believe it or not but my primary and main intention was/is to get my master in US. Of course, I would like to stay here because I want to be with my family, I love my girlfriend and like this country. And my marriage will be real. If they find this wrong then I'll leave. It's sad though.... System is not perfect at all!

Unfortunately, you are not in a good position. The petition filed by your mom is in the family preference category. If she gains US citizenship, your case will still be in the family preference category (from F2b to F1). Unlawful presence will not be forgiven in family preference cases. If you try to adjust when your PD becomes current, it will be denied because of your unlawful presence. If you leave the US, you will be subject to a ban for 3 or 10 years. Your mother could file a hardship waiver showing how it affects her, the US citizen. A hardship to you will not count.

Your unlawful presence would be forgiven if you adjust based on marriage to a US citizen. You can go this route if you are willing to be illegal for the next 12-15 months.

Essentially your choices are: 1) stay in the US illegally, marry your girlfriend, adjust after she gets her US citizenship. If ICE catches you, it's game over; or

2) leave the US and suffer a ban of 3 to 10 years. You simply don't have a means to stay legal in the US.

[kefisa 0]

hi Dhaka i have here similar situation to vitjok and need advice.

please if someone knows any info about that share! will appreciate any comments

my case is a bit long so i tried to do it short as possible.
.
my name is kel i am israeli citizen.
my date of birth 11/28/88

its starts while my dad(bora-green card holder at that time) apply i130 petition for me on 8/25/09
i130 aproved on 9/20/10 under FB2A CSPA (i130 filed 8/25/09)
i485 filed on 9/7/10and i765 for EAD on same time(VB was1/1/10)
ASC appt for i485 and i765 on 11/1/2010
Interview appt at USCIS on1/11/11(VB back to 1/1/08 under FB2A)
--and then i got notice of file transfer to NBC on 6/17/11
On 2/11/11 bora(patitioner) naturalizaed
On 8/17/11(lawyer) advice NBC :(patitioner)naturalizaed
I have to say that all this time i was under F1 student status and im still maintain F1 student status since it was aprove on 10/3/08(transfer schools)
(I Entered to US with B2 at 5/26/08 and applying COS to F1 on 7/25/08) for now ive my F1 student status i keep going to school and (renew EADs since 9/20/2010 untill now)

my questions is:
-if i can drop the F1 student status and stay on i485 TSP?
-if i485 denied for any reason can i apply for any other visas?
-if i keep F1 student status, and in some point while waiting to PD 485 is denied. can i file COS to E1/2 or H1 while im in the US (if i meet the requirements for the status)?
-anther question: can i get OPT from school if ive i485 pending?

(cos=change of status)