Extremely depressed, please help

[geowrian 22,338]

2 minutes ago, somesome007 said:

1. Apply for green card does not abandon your F-1 visa status as long as you fulfill your visa requirement by going into school full time (which my wife did). Leaving the country while applying the green card without advanced parole will automatically abandon I-485, not I-130 and not F-1 visa. As long as my wife was honest at the border and they let her in, there is no reason for the visa fraud thing to happen. Besides, immigration office tends to be less strict with U.S citizen's direct relative. She said we can confirm with the school for her visa status if we feel necessary.
2. While the denial letter says my wife was out of status when we submitted the application. The lawyers believe that was a mistake made by the immigration officer. My wife was on her student Visa at the time we apply and there is no reason to believe her visa was cancelled as explained above.
3.While the lawyer cannot make decision on whether our case will be approved. They believe our case is straight forward and approve-able. We may have another interview or we may not. Just like every body said (including the immigration officer) We just need to re-apply for the I-485, but she suggests to not apply for the advance parole and do not leave the country until green card is approved. We are considering to hire them to do all the necessary paper works this time as I do not believe myself anymore.
4. What do you guys think about lawyer's opinion? Does it make sense? Should we proceed and hire them as the lawyer to do all the paper works for us?

Overall it sounds fine. The only disagreement is about filing for AP...I'm not sure why they would suggest not filing a free form to get authorization to leave the country? It's free, and things can pop up requiring travel abroad. The AOS itself could take a year or longer...anything can happen in that timeframe. It's not "wrong" to not apply for it, but only good things can come from getting it.

 

You don't need an attorney for your case. You can just refile fine and the vast majority of the work (providing the info for the forms, the supporting documentation, etc.) needs to come from you anyway.. If you really want to go with one for peace-of-mind, that's fine too...just be sure to stay engaged with the process. Don't just leave it to them and hope they take care of it...too many issues happen with that approach. Good luck.