Hi today Was my i485 interview in new york fedral plaza . I was here on F1 visa my mom is a US citizen and i am 33 years old. When i got my EAD 5 months back i stopped going to school and my school terminated me. Today was my interview and they asked me when did you stopped going to school i said them in the month of may 2021. At last the interviewer told me you are out of your status as you do not come under immediate relative as i am above 21. She gave me a paper which says your case is being held forreview. Please anyone can tell me what does this means.
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Consult an immigration attorney. It sounds like you might not meet the criteria for the I-485 you filed?USC married to a Canadian on TN status in San Francisco
06/03/20 - Sent I-485, I-130, I-131, I-765 via Priority Mail
06/05/20 - Receipt Date
06/18/20 - Check was cashed
06/18/20 - Text messages with case numbers (~9:30pm Pacific)
06/22/20 - Notice of Receipts via mail
07/06/20 - I-693 Courtesy Letter
08/17/20 - Biometrics Appt Notice for 8/24
08/28/20 - Case is Ready to Be Scheduled for An Interview!
10/14/20 - I-765 and I-131 approved
10/19/20 - EAD/AP issued
12/01/21 - EAD/AP renewed
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When was the I-130 filed?
Is the I-130 approved?
When was the I-485 filed?
Are you married?
Your mom petitioned you?
For me, it is strange that USCIS gave you an interview. Usually, they just deny the I-485 without an interview if you sent the I-130/I-485 less than 6+ years ago.Nov 2018 - Package sent - EB - Texas Service Center
Day 1 - Package received at the lockbox
Day 999 - Card delivered to me - Aug 2021
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All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.
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From what I understand, you are in the Family-Sponsored First preference (F1). If your mom is a citizen since filing the I130 back in 2014 I understand that you must keep the non-immigrant status until the I485 is filed, not until the I-485 is approved. newacct may have better information about this.
I guess the officer is thinking that you must keep your student F1 status until the I-485 is approved.Last edited by Enub4; 12-16-2021, 09:14 PM.Nov 2018 - Package sent - EB - Texas Service Center
Day 1 - Package received at the lockbox
Day 999 - Card delivered to me - Aug 2021
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All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.
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Here is the policy manual section saying that going out of status while I-485 is pending does not affect that I-485: USCIS Policy Manual, Volume 7, Part B, Chapter 4, section G:
For purposes of the bars to adjustment, a nonimmigrant only needs to maintain his or her nonimmigrant status until the time he or she properly files an adjustment application with USCIS so long as the nonimmigrant does not engage in any unauthorized employment after filing the adjustment application.
This is my personal opinion and is not to be construed as legal advice.
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