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i-130 and i-485 for a spouse w/ valid student visa

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  • i-130 and i-485 for a spouse w/ valid student visa

    Hello,
    I am new to the forums and have found that it provides quite good information for going through the maze of the immigration system. I have two questions:

    (1) My spouse currently has a student visa. If my i-130 or i-485, which I will file concurrently, gets rejected, will that nullify their student visa?

    (2) My spouse is a citizen of one of the 7 countries that is currently under the ban in the latest executive order (EO). Is USCIS still allowing adjustment of status for citizens from those countries? It seems the EO only applies to those entering, but I am wondering if it will affect the adjustment of status for my spouse.

    Thanks!

  • #2
    1. no
    2. yes

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      1. no
      2. yes
      For (2), I am seeing conflicting reports:

      "“Effectively [sic] immediately and until additional guidance is received, you may not take final action on any petition or application where the applicant is a citizen or national of Syria, Iraq, Iran, Somalia, Yemen, Sudan, and Libya,” wrote Daniel M. Renaud, Associate Director of field operations for DHS’s office of U.S. Citizenship and Immigration Services. “Field offices may interview applicants for adjustment of status and other benefits according to current processing guidance and may process petitions and applications for individuals from these countries up to the point where a decision would be made.”

      “At that point, cases shall be placed on hold until further notice and will be shelved with specific NFTS codes which will be provided through the Regional Offices,” Renaud went on to say. “Offices are not permitted [to] make any final decision on affected cases to include approval, denial, withdrawal, or revocation.”

      “Please look for additional guidance later this weekend on how to process naturalization applicants from one of the seven countries listed above who are currently scheduled for oath ceremony or whose N-400s have been approved and they are pending scheduling of oath ceremony,” Renaud wrote. “We expect to issue more detailed guidance and procedures as needed in the coming days.” "

      Comment


      • #4
        Originally posted by cool_beans View Post
        For (2), I am seeing conflicting reports:

        "“Effectively [sic] immediately and until additional guidance is received, you may not take final action on any petition or application where the applicant is a citizen or national of Syria, Iraq, Iran, Somalia, Yemen, Sudan, and Libya,” wrote Daniel M. Renaud, Associate Director of field operations for DHS’s office of U.S. Citizenship and Immigration Services. “Field offices may interview applicants for adjustment of status and other benefits according to current processing guidance and may process petitions and applications for individuals from these countries up to the point where a decision would be made.”

        “At that point, cases shall be placed on hold until further notice and will be shelved with specific NFTS codes which will be provided through the Regional Offices,” Renaud went on to say. “Offices are not permitted [to] make any final decision on affected cases to include approval, denial, withdrawal, or revocation.”

        “Please look for additional guidance later this weekend on how to process naturalization applicants from one of the seven countries listed above who are currently scheduled for oath ceremony or whose N-400s have been approved and they are pending scheduling of oath ceremony,” Renaud wrote. “We expect to issue more detailed guidance and procedures as needed in the coming days.” "
        Doesn't that precisely say that they will accept and process applications? just not take final action? Whether they delay the processing doesn't really matter -- what matters is that it can be filed, and filing I-485 provides protection from deportation even if the OP's spouse goes out of status. And it's better to file now before any regulations about AOS might change.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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