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F-1 visa will expire during green card application - help please!

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  • F-1 visa will expire during green card application - help please!

    Hi all,

    I'm currently under F-1 visa status (student) and I will file my green card application soon in this month (based on newly marriage to US citizen). My question is, I will lose my F-1 visa in February 2017 bcz I plan to withdraw from school. At that point, I should be still waiting for my work permit and green card, will my being terminated F1 visa affect my green card and work permit application process? Will I get denied because of losing visa?
    Thanks for any help in advance!

  • #2
    Afaik, as long as your petitioner is USC, you will be ok if you go out of status (as long as your last entry into the US was legal). You should not travel though, until you get AP.

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    • #3
      Originally posted by scorpioz View Post
      Afaik, as long as your petitioner is USC, you will be ok if you go out of status (as long as your last entry into the US was legal). You should not travel though, until you get AP.
      Thanks a lot scorpioz for the clarification!

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      • #4
        Actually, it doesn't matter if the petitioner is USC or anything -- for all categories, it is true that once you have filed Adjustment of Status, it doesn't matter if you are out of status.

        For Immediate Relatives (spouse, parent, or under-21 unmarried child of USC), it doesn't even matter if you are out of status before you file for Adjustment of Status.

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

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        • #5
          Originally posted by newacct View Post
          Actually, it doesn't matter if the petitioner is USC or anything -- for all categories, it is true that once you have filed Adjustment of Status, it doesn't matter if you are out of status.

          For Immediate Relatives (spouse, parent, or under-21 unmarried child of USC), it doesn't even matter if you are out of status before you file for Adjustment of Status.
          Thank you newacct again for continues help!

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