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Filed: Other Country: India
Timeline
Posted

Hi,

I am married to permanent resident who has just paased citizenship interview but has to wait for 3 months to get Oath ceremony done/ to be citizen. I came in US on F1 then got H1b but now I have applied to change of status to F1 visa and mostly like that is going to denied in next 3 weeks on the ground that someone has already put my immigration file. I have approved I-130 that my spouse filed it for me but I can't apply for my change of status until my spouse get US citizenship. Now my question is. What would happen to me when my F1visa will be rejected (my h1b is cancelled already now)? What is the solution if I get deportation notice from USCIS? Plzzzzzzzzz advise me and help me. Thanks

...what if my COS rejected?

...IF I over stay then Would it problem for my future immigration and Employment?

...Suggest me anything you would like to.

Filed: Citizen (apr) Country: India
Timeline
Posted

Hi,

I am married to permanent resident who has just paased citizenship interview but has to wait for 3 months to get Oath ceremony done/ to be citizen. I came in US on F1 then got H1b but now I have applied to change of status to F1 visa and mostly like that is going to denied in next 3 weeks on the ground that someone has already put my immigration file. I have approved I-130 that my spouse filed it for me but I can't apply for my change of status until my spouse get US citizenship. Now my question is. What would happen to me when my F1visa will be rejected (my h1b is cancelled already now)? What is the solution if I get deportation notice from USCIS? Plzzzzzzzzz advise me and help me. Thanks

...what if my COS rejected?

...IF I over stay then Would it problem for my future immigration and Employment?

...Suggest me anything you would like to.

Make a infopass appointment and find out what can be done. Some times may be they can expedite the oath ceremony to help you out. It is always good to ask them and find out what options you have.

Posted

If your current case is rejected - you will get 30 days to go home. (usually)

If you stay past that time limit given - you will be out of status and acquiring unlawful presence.

Your best bet is to return home (following the rules) and when your Husband gets USC - he can get you the new visa and LPR status.

If you stay pass the rejection letter time (usually 30 days) - you will be acquiring unlawful presence - which is always look at with USCIS. Depending on other factors, it could affect your immigration in the future.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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