My student visa (F-1) expires 8/25/2018 and my interview is 8/27/2018. Am I in trouble?

[theImmigrantGuy 7]

I graduated in 12/15/2017 and got my EAD 2/15/2018. Now my interview is scheduled for 8/27/2018. IS that a problem?

Edited August 7, 2018 by Morty92222

[mushroomspore 3,044]

By "interview", do you mean "green card interview" (specifically through marriage)? If yes, then there's nothing to be worried about. Your F1 will cease to matter as soon as your green card is approved. And besides, you have been in "authorized stay" due to the pending green card case.

[theImmigrantGuy 7]

1 minute ago, mushroomspore said:

By "interview", do you mean "green card interview" (specifically through marriage)? If yes, then there's nothing to be worried about. Your F1 will cease to matter as soon as your green card is approved. And besides, you have been in "authorized stay" due to the pending green card case.

Yes, the first interview for I-485. Thank you! Another question is, do I have to redo the I-458 and I-130?

[mushroomspore 3,044]

5 minutes ago, Morty92222 said:

Yes, the first interview for I-485. Thank you! Another question is, do I have to redo the I-458 and I-130?

No.

[theImmigrantGuy 7]

On 8/7/2018 at 2:52 PM, mushroomspore said:

By "interview", do you mean "green card interview" (specifically through marriage)? If yes, then there's nothing to be worried about. Your F1 will cease to matter as soon as your green card is approved. And besides, you have been in "authorized stay" due to the pending green card case.

I'm sorry but I'm still worried Would you please provide me with where you read that?

 

Since the end of my grace period of 2/15/2018 until my interview date 8/25/2018 am I considered here illegally or not?

 

It's irrelevant but my F-1 Visa expires 8/25/2018. I'm saying irrelevant because students usually are limited to their I-94.

 

[mushroomspore 3,044]

12 minutes ago, Morty92222 said:

I'm sorry but I'm still worried Would you please provide me with where you read that?

 

Since the end of my grace period of 2/15/2018 until my interview date 8/25/2018 am I considered here illegally or not?

 

It's irrelevant but my F-1 Visa expires 8/25/2018. I'm saying irrelevant because students usually are limited to their I-94.

 

Like I said, your AoS puts you in a status of "authorized stay" as granted by the Attorney General. Your F1 expiration won't matter as your authorized stay status is dependent on your AoS and is completely unaffected by your F1 student. You're in a forum that is literally titled, "Adjustment of Status From Work, Student & Tourist Visas". Meaning, there are a lot of people who have been present in the US as F1 students, got married and successfully adjusted status. If you do a search, you'll find MANY people who had F1, filed AoS, F1 expired and they were perfectly fine. That is also true for people adjusting from work and tourist visas. These visas don't last forever and they're not meant to. My tourist status expired long ago and I'm still here, patiently waiting for our interview. So is everyone else who has filed recently and has not finished the process. So take a deep breath and relax. You're fine, just like the most of us whose other visas and statuses expired long ago.

[theImmigrantGuy 7]

3 minutes ago, mushroomspore said:

Like I said, your AoS puts you in a status of "authorized stay" as granted by the Attorney General. Your F1 expiration won't matter as your authorized stay status is dependent on your AoS and is completely unaffected by your F1 student. You're in a forum that is literally titled, "Adjustment of Status From Work, Student & Tourist Visas". Meaning, there are a lot of people who have been present in the US as F1 students, got married and successfully adjusted status. If you do a search, you'll find MANY people who had F1, filed AoS, F1 expired and they were perfectly fine. That is also true for people adjusting from work and tourist visas. These visas don't last forever and they're not meant to. My tourist status expired long ago and I'm still here, patiently waiting for our interview. So is everyone else who has filed recently and has not finished the process. So take a deep breath and relax. You're fine, just like the most of us whose other visas and statuses expired long ago.

Thank you! You know my mind is just playing tricks. I don't want to be faced with "you've been here since you graduated illegally." Lol anyways, thank you for your comment! It does ease it a bit. 

[mushroomspore 3,044]

Just now, Morty92222 said:

Thank you! You know my mind is just playing tricks. I don't want to be faced with "you've been here since you graduated illegally." Lol anyways, thank you for your comment! It does ease it a bit. 

That won't happen because of AoS. If you had not gotten married and never filed AoS, then yes that scenario is likely. Like I said, this forum is literally FULL of people in the same situation as you and they're fine too. I would say just be glad you're at the end of this hellish road of waiting.

[theImmigrantGuy 7]

8 hours ago, mushroomspore said:

That won't happen because of AoS. If you had not gotten married and never filed AoS, then yes that scenario is likely. Like I said, this forum is literally FULL of people in the same situation as you and they're fine too. I would say just be glad you're at the end of this hellish road of waiting.

What do you think of that? It doesn't mention if they got in legally though, but I thought that doesn't apply to immediate relatives!!

 

https://www.bostonglobe.com/metro/2018/08/13/government-agencies-set-trap-for-immigrants-seeking-legal-status-aclu-says/m5vpYHotiHD0z6vcJWYe7J/story.html

[mushroomspore 3,044]

37 minutes ago, Morty92222 said:

What do you think of that? It doesn't mention if they got in legally though, but I thought that doesn't apply to immediate relatives!!

 

https://www.bostonglobe.com/metro/2018/08/13/government-agencies-set-trap-for-immigrants-seeking-legal-status-aclu-says/m5vpYHotiHD0z6vcJWYe7J/story.html

How they ENTERED the US doesn't really matter. What matters is that they did not have legal status and deportation orders were out out for them. If you are illegal, being an immediate relative and/or getting married to a USC does not grant you any special legal status. You still need to go through the process and get legal status. And the act of marriage to a USC doesn't magically cancel your deportation order, if you have one. As soon you have a deportation order for you, you need to get a good lawyer who can do everything they can to delay or cancel the order. Otherwise, expect to be arrested and deported.

 

However I think it's really cruel to set up adjustment interviews for them, give them hope that they might gain legal status, and then arrest them at the interview. If they need to be arrested, that is fine but there's no need to play with people's feelings like that. Getting arrested, no matter who you are or how petty your crime might be, is a very humiliating and dehumanizing experience. Arresting them at the adjustment interview where they thought all their problems could be solved is so unnecessary, in my opinion.

[Crazy Cat 41,898]

 

1 hour ago, Morty92222 said:

https://www.bostonglobe.com/metro/2018/08/13/government-agencies-set-trap-for-immigrants-seeking-legal-status-aclu-says/m5vpYHotiHD0z6vcJWYe7J/story.html

My understanding of this article is that these people had outstanding orders of deportation.  That normally happens when people have come into the country without inspection, have been deported, and re-entered illegally.  Of course, this hit piece doesn't specify why they had deportation orders.  There are at least 2 things that marrying a US citizen and filing for Adjustment of Status will not protect a person from:

1.  Entering the country illegally without inspection (this would require a wavier at least)

2.  Previous deportation orders

 

This article is just another hit piece against President Trump for enforcing existing laws.  Entering the US legally via an F-1 and marrying a US citizen will allow authorized stay after filing Adjustment of Status even if you had a period of unlawful presence prior to filing AOS.

 

Below is an important part of the article which is extremely important but ignored by these people, their attorneys, and all Trump haters.

 

" ICE officials have said that the agency is within its rights to arrest immigrants with outstanding deportation orders,"