Should I pursue my I-485 ?

[Theo Yojne]

Hi everyone,
I need urgent help with my situation.

I am currently a student on F1 visa and about 6 years ago, I was out of status for one-quarter due to dropping 1 class (which made me become a part time student). I followed my school advisor to enter USA from Canada so I can renew my status which I did. I have not violated my student status since then.

Now I have an employer who is willing to file greencard- eb3 for me. However, I have read that my I-485 would be denied because of my history of failure to maintain my nonimmigrant status. Have anyone had the same situation with me?

I am thinking about refusing the greencard offer because I am taking my graduate degree which I will be done in 1,5 years, and if my I-485 is denied I would have to leave the US and have to get another F1 visa again ( which the chance of getting one is extremely low because of my history of filing I-485), so I would not be able to finish my degree which is costing me alot of money, and I really want to finish it for my future career.

I also heard that I can just go back to my F1 visa if my I-485 is denied ( I will maintain my F1 visa while waiting for my I-485) instead of going back to my country if I do not use my I-485 EAD. I also talked to one immigration attorney and he said that I would have to leave the counry because once I file I-485, I automatically became a parolee and no longer on student status.

I am planning to seek consult from more attorney to double check that information.

Thank you

[sashabrown]

I have heard in many instances that as long as you didn't go over the 180 of out of status you can still be approved, the important thing is that you left and reentered and did things the right way. I say you speak to an immigration lawyer, I don't see anything about your case that cause you a denial

[inadmissible]

You are inadmissible to the United States if you remained unlawfully present in the United States for more than 180 days

Due to the special rules that apply to foreign students, you probably accrued zero days of unlawful presence

Either way, your subsequent admission to the United States on a non-immigrant visa without any waiver suggests that you were admissible

If you are currently in status and for whatever reason your adjustment of status application is denied, you will remain within the status you are maintaining (ie F-1 D/S). There will be no need to leave the country if your I-485 is denied. I have very little confidence in the attorney you spoke to because of the misinformation she provided you. There will only be an issue if you fail to maintain your F-1 status then depart the United States while your I-485 is pending on advance parole, and then your I-485 is subsequently denied. You will have more options in dealing with a I-485 denial if you do not leave the US while your F-1 is out of status - which is not something you plan to do

[newacct]

For employment-based categories (which you would be in), according to INA 245(k), you are exempt from the bars to AOS for not having maintained status in the past if you have not been out of status for 180 days since the most recent entry.