OUT OF STATUS F1 TO AOS

[yanki2332 0]

hi I am seeking help and advice on as to what I should do in my case.

1. I came to the US in AUG 2009 on an F1-Student visa during that year my parents in Ghana won the DV visa lottery for DV2009. So when the letter came my name was there as a beneficiary but I was in The US so the consular advice him to file for me when he gets here.

2.My mom(Green Card holder) applied I-130 for me on December 2010(My priority date) and the petition was approved on May 4,2011.

3.She filled I-485 in November 2013 since I was in F2A. I went through the whole process(biometrics & interview- mind you interview was good and officer said everything looked good)

4. May 2014 I received a decision letter from USCIS denying my application for the following reasons and I quote from the letter

"Generally, to qualify for adjustment under INA 245, an applicant must:

• Be inspected and admitted or paroled into the United States
• be eligible to receive an immigrant visa;
• be admissible to the United States for permanent residence: and

Have an immigrant visa immediately available at the time the application is filled.

USCIS says I-130 was filed on DEC 2010 and approved MAY 2011. SEPTEMBER 20111 I turned 21 and at that point they automatically converted me to F2B.

They went on to say they considered me eligible for Child Status Protection Act; "Given your priority date as DEC 6 2010 a visa became available on April 1 2013. At that time my age was 22yrs,6months and 17 days. The petition was pending for 4months and 28 days. So after CSPA my age is 22years, 1month and 20 days.

Then they went on to say my student status was terminated in January 2014. But I have been in the US taking classes in my school since my I-20 does not expire till May ,2015.

I went to my school's DSO to have my I-20 renewed so I can renew my drivers license and he explained to me that I have to file for re-instatement to F1 status with USCIS;

Well my mom becomes a citizen in 2 weeks and I want to know how this will affect my reinstatement and how can it help me to get my green card.

I am scared if I apply for re-instatement to F1 they will deny it and process me for deportation since they asked me to leave a year ago.

what options do I have??

[NancyNguyen 1,657]

How was your F1 revoked? Did you quit school? I-20 is not your authorization of stay, your authorized staying is D/S aka duration of your school, you quit school then you need to leave.

There is no way you can reinstate inside the US once your status has been terminated, let alone you are out of status

Forget about adjusting status (aka having interview inside the US) because you need to keep your status valid (not even a day out of status) to AOS inside the US.

[yanki2332 0]

I didn't quit school;I was on acedemic suspension from my current school but I still took classe at a local community college

[Ryan H 3,812]

Moved from Bringing Family Members of US Citizens to America forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Starkilla09 366]

You fell out of status the moment you went on academic suspension because you were not taking classes again at the school that issued you your form I-20. Taking classes at the local college during suspension even if you did full time couldn't do you any justice because you did not follow proper transfer procedure by getting a new I-20 from the new school, including your new DSO notifying USCIS of your transfer and updating your SEVIS records. Normally you can reinstate in the U.S. Only if you've been out of status for less than 5months. Still tough to get though and very risky as you can see. If longer than 5 months you have to leave to U.S. and re-enter with a new visa or I-20 if visa is still valid. Your mom becoming a citizen won't also do you justice because you don't qualify as an immediate relative to her. ( You're not her minor child, spouse or her parent). At this point the only way you can get a greencard is by marriage to a U.S. Citizen but you must marry for love though. Looks like you said USCIS ordered you to leave if that's the case that means you probably have a removal order and that'll will make your adjustment of status by marriage even a target for higher scrutiny for fraud to make sure it's really legit. It won't be a straight forward process with USCIS like other overstay or other out of status cases without removal orders. It's one of this ones you're gonna need an attorney to go with if you do ever go down this path. The sad part is since USCIS has made a formal finding of your status violation you're now accumulating 3 to 10 year bars depending if you've overstayed for 6 months or 1 year. Best of luck, sorry about your situation. Been in your shoes too so I know how it feels. ( was out of status for 9 years dropping below full time for financial reasons and it was my wife who got me out of that darkness).

[blahblahblog 36]

Talk to a lawyer. There's a lot going on.