QUESTION
Should I wait for my status to be reinstated before filing for a green card?
Asked on Oct 28th, 2013 on Immigration - Michigan
More details to this question:
I have few questions regarding my status. Is that I am here on student visa F1 but my college did terminate my sevis due to lack of attendance. Then I submit my reinstate application to USCIS department, they are reviewing my case. Second thing is that I got married with my girl friend in the month of June 2013 due to this reason, I could not attend my college properly. Now she is advising me to file the petition for green card. She is a US citizen. Now, I have returned back to California for my remaining studies, and she lives in Houston. My question is that may I eligible for file petition for green card or I should wait to reinstate my status from college side?
5 ANSWERS
Adebola O. Asekun
If you are eligible to adjust status based on marriage to a US citizen, you should go ahead and file your green card applications with CIS, and I see no reason to wait for CIS' decision on your request for reinstatement of F-1 status. Even if CIS' decides to reinstate you, it is still short of the green card status, which you may be qualified for. You must also note that if it denies your request to reinstate, DHS, may thereafter start your removal proceedings. I only believe that you appear to be qualified for green card and I do not know if it will in fact be granted and so, you need to know that there are too many issues involved in the green card process and those issues are not and cannot be dealt with in any particular detail in this forum. And so, realizing that not every one who applies for green card succeeds, I must advise you to hire an experienced immigration attorney.
Answered on Nov 01st, 2013 at 6:35 AM
IF you are married to a US citizen and the marriage is bona fide, you can file the paperwork for your green card on the basis of marriage at any time. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Nov 01st, 2013 at 3:41 AM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
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You can apply for your green card through your marriage without needing the reinstatement to go through.
Answered on Oct 30th, 2013 at 7:26 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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You do not need to wait until your student status has been reinstated to file for your green card. You can submit your application for adjustment of status immediately.
Answered on Oct 30th, 2013 at 7:25 AM
Your wife should file the I-130 and you the I-485 now. It appears that you had entered the country legally as a F-2. Since you married a US citizen, you need not be in status now. You should be fine as long as you can show that you have a real marriage.
Answered on Oct 30th, 2013 at 5:15 AM