Please help. I don't want my wife to go back to her country!!!

[azblk]

For the second part, I may be wrong, but based on what I have heard, F-1 status will automatically forfeit once the AOS applicant left the country. By the time she re-entered U.S., technically, she didn't have her F-1 status anymore.

What is your source? i doubt that is true. Many people wait for their priority dates to become current on F-1 visa and can come and go as the want as long they stay in school and don't otherwise violate their status. Under what status was she admitted? you have to be paroled or admitted in some status. If F-1 was invalidated they would not have let her in.

[newacct]

For the second part, I may be wrong, but based on what I have heard, F-1 status will automatically forfeit once the AOS applicant left the country. By the time she re-entered U.S., technically, she didn't have her F-1 status anymore.

That's how "status" always works. Status only exists while inside the US. Someone leaving the US no longer has status. Then when they enter the US they gain a new status that corresponds to the visa that they enter with (in this case, an F-1 visa, so F-1 status). And anyhow, whether she's in status or not is irrelevant to her AOS.

[somesome007]

Update from our case

Hello, everyone.

First of all, thank you so much for your advice. More update from me. We had an brief communication with the lawyer after she talked to her managing partner.

1. Apply for green card does not abandon your F-1 visa status as long as you fulfill your visa requirement by going into school full time (which my wife did). Leaving the country while applying the green card without advanced parole will automatically abandon I-485, not I-130 and not F-1 visa. As long as my wife was honest at the border and they let her in, there is no reason for the visa fraud thing to happen. Besides, immigration office tends to be less strict with U.S citizen's direct relative. She said we can confirm with the school for her visa status if we feel necessary.
2. While the denial letter says my wife was out of status when we submitted the application. The lawyers believe that was a mistake made by the immigration officer. My wife was on her student Visa at the time we apply and there is no reason to believe her visa was cancelled as explained above.
3.While the lawyer cannot make decision on whether our case will be approved. They believe our case is straight forward and approve-able. We may have another interview or we may not. Just like every body said (including the immigration officer) We just need to re-apply for the I-485, but she suggests to not apply for the advance parole and do not leave the country until green card is approved. We are considering to hire them to do all the necessary paper works this time as I do not believe myself anymore.
4. What do you guys think about lawyer's opinion? Does it make sense? Should we proceed and hire them as the lawyer to do all the paper works for us?

[Chr]

Take the lawyer

Is best to have a lawyer. What I said was from the USCIS website and never said she was inadmissible I said it's a possibility since it's on their website and that's what they stated . It's why I advice you to ask a lawyer before moving forward with anything else instead of just doing it on your own again I'm happy you went for consultation.

Good luck with everything thing keep us posted.

[Chr]

Everyone's Experience is different

Everyone doesn't have the same exprience with the same situation instead of posting your experience rather than telling them do this and that the best advice you guys could givr them was to get a consultation then move forward its not easy hitting a snag in the processing and it can become frustrating but he needed to hear that from a lawyer even though the lawyer said the same thing. Since being on the forum is not legal advice. If he feels comfortable using a lawyer this time it's a good idea.

Some of you commented on (newacct) post that it's not true if a person to leave the US on a certain visa it doesn't do anything to the current status. FYI it's is true unless you're green card/USC holder which the rule doesn't apply that way. Certain visa will change your status if you leave and come back you cannot have 2 status and the same time so they will cancel the other 2 and put the person under a new satus.

All the comments helps on this forum. I want the community on here to be mindful the way they comment on others post try not to confuse just post what you/fam/friend have experienced in a situation maybe post about what you had to do in the situation.


God bless

[inadmissible]

Everyone doesn't have the same exprience with the same situation instead of posting your experience rather than telling them do this and that the best advice you guys could givr them was to get a consultation ... I want the community on here to be mindful the way they comment

I agree, you should be mindful the way you comment. The nice thing about knowing the law, regulations, and agency procedure is the understanding of how certain cases are consistently handled. Telling everyoneto get an attorney consultation defeats the purpose of these immigration forms. In fact, given how ignorant most Yellow Pages immigration attorneys are, you might be doing them a disservice sending aliens their way. At least here advice is subject to public scrutiny and peer review

[newacct]

H1. Apply for green card does not abandon your F-1 visa status as long as you fulfill your visa requirement by going into school full time (which my wife did). Leaving the country while applying the green card without advanced parole will automatically abandon I-485, not I-130 and not F-1 visa. As long as my wife was honest at the border and they let her in, there is no reason for the visa fraud thing to happen. Besides, immigration office tends to be less strict with U.S citizen's direct relative. She said we can confirm with the school for her visa status if we feel necessary.

It's not necessary. Whether she's in status is irrelevant for her AOS.

2. While the denial letter says my wife was out of status when we submitted the application. The lawyers believe that was a mistake made by the immigration officer. My wife was on her student Visa at the time we apply and there is no reason to believe her visa was cancelled as explained above.

Not really sure why the letter said that; might just be a form letter for these type of rejections. Again, whether she was in status is irrelevant for her AOS. There is no reason to believe her visa was affected, but even that doesn't matter -- even if she didn't have a visa at all when she entered, as long as they let her in anyway, she entered with inspection and that's all she needs to file Adjustment of Status now.

[/QUOTE]3.While the lawyer cannot make decision on whether our case will be approved. They believe our case is straight forward and approve-able. We may have another interview or we may not. Just like every body said (including the immigration officer) We just need to re-apply for the I-485, but she suggests to not apply for the advance parole and do not leave the country until green card is approved. We are considering to hire them to do all the necessary paper works this time as I do not believe myself anymore.
4. What do you guys think about lawyer's opinion? Does it make sense? Should we proceed and hire them as the lawyer to do all the paper works for us?[/QUOTE]
It's your decision. But it sounds like you're saying you're hiring them just to fill out forms (with information you give them); if so, is that really something you can't do yourself?

[azblk]

Hello, everyone.

First of all, thank you so much for your advice. More update from me. We had an brief communication with the lawyer after she talked to her managing partner.

1. Apply for green card does not abandon your F-1 visa status as long as you fulfill your visa requirement by going into school full time (which my wife did). Leaving the country while applying the green card without advanced parole will automatically abandon I-485, not I-130 and not F-1 visa. As long as my wife was honest at the border and they let her in, there is no reason for the visa fraud thing to happen. Besides, immigration office tends to be less strict with U.S citizen's direct relative. She said we can confirm with the school for her visa status if we feel necessary.
2. While the denial letter says my wife was out of status when we submitted the application. The lawyers believe that was a mistake made by the immigration officer. My wife was on her student Visa at the time we apply and there is no reason to believe her visa was cancelled as explained above.
3.While the lawyer cannot make decision on whether our case will be approved. They believe our case is straight forward and approve-able. We may have another interview or we may not. Just like every body said (including the immigration officer) We just need to re-apply for the I-485, but she suggests to not apply for the advance parole and do not leave the country until green card is approved. We are considering to hire them to do all the necessary paper works this time as I do not believe myself anymore.
4. What do you guys think about lawyer's opinion? Does it make sense? Should we proceed and hire them as the lawyer to do all the paper works for us?

This is just a simple case of refiling the i-485. I don't see any need to hire a lawyer in this case - all they will be doing is filling in forms and mailing them. But its your money and your application so you do what makes you sleep better at night.

[AlisonHopping]

Have you consulted a lawyer?