F2A, maintain legal nonimmigrant status even if I-485 pending?

[youyouyaya 0]

Hi, do I need to maintain nonimmigrant legal status after I submit I-485 forms? I am currently a F-1 status, but want to withdraw. Anyone has the past experience? Thanks.

Edited October 26, 2017 by youyouyaya

[aleful 1,905]

hi

 

you have to continue studying, or leave the country and you will need to withdraw the i485 and go through consular processing in your country

 

 

[youyouyaya 0]

39 minutes ago, aleful said:

hi

 

you have to continue studying, or leave the country and you will need to withdraw the i485 and go through consular processing in your country

 

 

Really? I've heard from a lot of people saying as long as I've submitted 485, I can stay.

[aleful 1,905]

for spouses of USC, overstay is forgiven and there is an authorized stay

 

but for spouses of residents, they usually don't qualify to adjust status in the country, unless you are legally here, you can't be illegal not even a day, since you have to wait until your priority date becomes current for an interview

 

 

[youyouyaya 0]

6 minutes ago, aleful said:

for spouses of USC, overstay is forgiven and there is an authorized stay

 

but for spouses of residents, they usually don't qualify to adjust status in the country, unless you are legally here, you can't be illegal not even a day, since you have to wait until your priority date becomes current for an interview

 

 

What if I hold legal status until my priority date becomes current?

[aleful 1,905]

hi

 

the way to hold legal status is to continue studying

[youyouyaya 0]

anyone else knows something different?

[geowrian 22,338]

Have you already filed an I-485 and received a NOA1? Was the PD eligible to be filed at the time (i.e. I-130 was approved already and PD is after the Dates for Filing for F2A)?

https://www.uscis.gov/visabulletininfo

 

If so, then you are in a period of authorized stay even if your F1 status expires. You must have been in status as of the time of filing, but there is no requirement to maintain status after a proper filing. See https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

 

Another thread on the subject:

 

Edited October 26, 2017 by geowrian

[youyouyaya 0]

1 hour ago, geowrian said:

Have you already filed an I-485 and received a NOA1? Was the PD eligible to be filed at the time (i.e. I-130 was approved already and PD is after the Dates for Filing for F2A)?

https://www.uscis.gov/visabulletininfo

 

If so, then you are in a period of authorized stay even if your F1 status expires. You must have been in status as of the time of filing, but there is no requirement to maintain status after a proper filing. See https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

 

Another thread on the subject:

I have read through the page you give but didn't see anything relevant to the case. Could you possibly show me which sentence refers to my situation. Thanks so much!

 

[geowrian 22,338]

8 minutes ago, youyouyaya said:

I have read through the page you give but didn't see anything relevant to the case. Could you possibly show me which sentence refers to my situation. Thanks so much!

I'm not sure if you're asking about the USCIS link or the thread. For the USCIS link:

"A foreign national is barred from adjustment of status if the foreign national is in an unlawful immigration status on the date of filing the adjustment application. ^[1] "

 

The posts I were referencing in the thread begin here:

 

The OP was on F-1 status with an approved I-130 as the spouse of an LPR (F2A). They filed for AOS after their date for filing came up (but still before the PD was current).

Assuming you have an approved I-130 with a PD after the dates for filing, then file for AOS, you are in the same situation. Or did I totally misunderstand something critical here?

 

Edit: For reference, you will lose legal status once you withdraw. But if AOS is properly filed as noted above, then you maintain authorized stay and are not subject to a bar or inadmissibility.

Edited October 26, 2017 by geowrian

[youyouyaya 0]

15 minutes ago, geowrian said:

I'm not sure if you're asking about the USCIS link or the thread. For the USCIS link:

"A foreign national is barred from adjustment of status if the foreign national is in an unlawful immigration status on the date of filing the adjustment application. ^[1] "

 

The posts I were referencing in the thread begin here:

 

The OP was on F-1 status with an approved I-130 as the spouse of an LPR (F2A). They filed for AOS after their date for filing came up (but still before the PD was current).

Assuming you have an approved I-130 with a PD after the dates for filing, then file for AOS, you are in the same situation. Or did I totally misunderstand something critical here?

 

Edit: For reference, you will lose legal status once you withdraw. But if AOS is properly filed as noted above, then you maintain authorized stay and are not subject to a bar or inadmissibility.

 

Did you read this link: https://my.uscis.gov/helpcenter/article/can-my-relative-wait-in-the-united-states-until-becoming-a-permanent-resident

In particular: 

If you are sponsoring your husband or wife, unmarried child under 21, or parent, they entered the United States legally, and they are still in the United States, they can submit Form I-485, Application to Register Permanence or Adjust Status when you file their I-130 petition. If Form I-485 is filed at the same time as the I-130, the relative can usually stay in the United States while waiting to become a permanent resident. They can also work if they file Form I-765 with the I-485 and I-130.

For other relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means your relative may have to wait several years while petitions that were filed before theirs are processed. When your relative reaches the front of the line, the U.S. Department of State will contact your relative and invite him or her to apply for an immigrant visa.

So it seems that only concurrent filing (namely those immediately relatives of usc ) can stay here legally. For F2A category, since we cannot file concurrently (we file 130 first then 485,), then we are not authorized to stay after filing 485.

[geowrian 22,338]

18 minutes ago, youyouyaya said:

Did you read this link: https://my.uscis.gov/helpcenter/article/can-my-relative-wait-in-the-united-states-until-becoming-a-permanent-resident

In particular: 

If you are sponsoring your husband or wife, unmarried child under 21, or parent, they entered the United States legally, and they are still in the United States, they can submit Form I-485, Application to Register Permanence or Adjust Status when you file their I-130 petition. If Form I-485 is filed at the same time as the I-130, the relative can usually stay in the United States while waiting to become a permanent resident. They can also work if they file Form I-765 with the I-485 and I-130.

For other relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means your relative may have to wait several years while petitions that were filed before theirs are processed. When your relative reaches the front of the line, the U.S. Department of State will contact your relative and invite him or her to apply for an immigrant visa.

So it seems that only concurrent filing (namely those immediately relatives of usc ) can stay here legally. For F2A category, since we cannot file concurrently (we file 130 first then 485,), then we are not authorized to stay after filing 485.

I'm aware of the rules surrounding concurrent filing. That is one way AOS is permitted. The same is true if a USC files an I-130 alone, then later files the I-485 after the I-130 is approved. Concurrent filing isn't the critical item here. That is the most common way AOS from a tourist/student/etc. status tends to go, and the question posed in that USCIS link does have a correct answer. It just doesn't cover every method to AOS...it only covers IRs of a USC, who can concurrently file, and says other categories may need to wait but without the details.

 

Other good reads:

and:

https://www.avvo.com/legal-answers/f2a-being-current---filed-i-485-1408060.html

 

Edited October 26, 2017 by geowrian

[youyouyaya 0]

Anyone had really had an expired nonimmigrant status while 485 is pending and finally got approved ?

[thepanda 87]

On ‎10‎/‎26‎/‎2017 at 3:46 PM, youyouyaya said:

Anyone had really had an expired nonimmigrant status while 485 is pending and finally got approved ?

Do you have an update? Did you withdraw from you studies?