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Everything posted by Vegemiteobsession

  1. Vegemiteobsession

    b2 to f1 need advice

    One, don't post your name here. That is the basics of using Internet. Two, was your wife's I-129 petition approved? Change your status to F1/F2 isn't going to help because you are not going to school, and your wife's I-20 is going to expire soon and I am assuming she doesn't plan to go to another school when her, which means it's impossible to change to F2 because it takes very long time to process I-539(change of status) now. That means that B2 extension will take a very long time as well. I would consult this with your wife's company's lawyer.
  2. Vegemiteobsession

    Visitor parent overstay issues

    She will have to contact India consulate that has jurisdiction over her area. She will also get 10 year entry ban once she leaves the country.
  3. Vegemiteobsession

    Deportation/Deferred Inspection: Hiring an immigration attorney

    IANAL. I honestly don't understand how you can ever get waiver of inadmissibility, but why not just contact Murthy Law firm directly? Or go to AILA and find the removal defense lawyers within your jurisdiction.
  4. Vegemiteobsession

    Lapsed Green card

    Try your luck. CBP officers may try to have her sign I-407 abandonment form, but she doesn't have to - then they will put her through immigration court hearing, where she has to prove that she did not intend to abandon her LPR status. If the money isnt an issue, I would try to get through first and explain to CBP officers. Good luck
  5. Hi, I filed F2B AOS based on approved I-130 petition last year June 2020. Currently 26M, Rest-of-World. I have been in the US on F-1 without any breaks in legal immigration status. This is my timeline: August 7 2015 - petitioner filed I-130 for me as child of LPR (F2A) via a lawyer. I was under 21 then. Dec 10 2015 - i-130 approved. June 2016 - found out that USCIS elected to use Final Action Date chart instead of Date for Filing (remember that Date for filing thing started just around October 2015). This month was the last month that I would count under 21 with CSPA, and after inquiring USCIS through congressional, I was told to file as F2B since I aged out and no longer F2A. Apparently, a lot of people went through this problem as well according to Visajourney. June 2020 - PD becomes current by Date for Filing. Filed AOS with a different lawyer.(also moved to different state in 2019) Jan 2021 - biometrics Feb 2021 - Interview done. IO stated that because Final Action Date F2B cut off date of February is July 15 2015, my case would be on hold until PD becomes current. DoS already published March 2021 bulletin, whose F2B date was July 22 2015, so we knew that my case wouldn't be approved. March 12 2021: EAD/AP combo approved. March 24 2021: Case was approved March 31 2021: card came to lawyer. We then remembered that because my PD was NOT current for March 2021 (but would be in April 2021, whose cut off date is August 8 2015), my AOS approval may have been accidental. April 10th 2021: Put congressional inquiry to USCIS. April 15th 2021: Response came to the Senator office that DoS approved my visa number on March 4th and USCIS field office approved my AOS on 24th. My lawyer and I decided to inquire again. I managed to get a hold of USCIS officer and get an appointment at the field office for next week. I am really frustrated because everything went so well until this point...you know how we complain that USCIS does stuff so slowly? Well, they managed to mess with my life by doing stuff too fast this time. I haven't notified my DSO yet, nor did I use EAD/AP either since I am a grad student. I have scoured all over the internet to see if there was any similar cases, but there was very few, and they were all employment-related. My lawyer is also confused since she has never had this happened. Also, the green card states that my category is F27, which IIRC, is "child of LPR under 21". Shouldn't I be F29, "unmarried child of LPR?" If anyone has experienced this kind of mess before as Family Preference AOS applicant, please share your experience. Note: I one time talked to a tier 1 agent about this, and she told me that for AOS applicants, it does not strictly have to be based on visa bulletin. My lawyer thinks the agent is wrong, and tbh I think so too since I have heard far too many stories about incorrect information from tier 1 agents.
  6. F1 visa expiry isn't a problem - your status is valid as long as you abide by F1 regulations. However, there are two things to remember 1. pending AOS gives you an authorized stay, but if for any reason your AOS is denied, you will stay in your current immigration status - which means, that if you drop out of your college and have your SEVIS effectively terminated, you will be an illegal alien immediately. 2. Using EAD from pending AOS may also invalidate your F1 status. I wouldn't use it until absolutely necessary.